^^A^S^. 


CHARTER 


OF  THE 


CITY  AND  COUNTY  of  DENVER 


FRAMED  B¥  THE 

SECOND  CHARTER  COIWENTION 

FEBRUARY  6,  1904 
AND 

AMENDMENTS  THERETO 
TO 

DECEMBER  1,   loii 

CONTAINING  ALSO 

ARTICLE  XX  OF  THE  CONSTITUTION  OF 
THE  STATE  OF  COLORADO 


DENVEB,   COLOBADO 

THE   SMITH-BROOKS  PRINTINa  COMPANY 

1911 


CHARTER 


OF  THE 


CITY  AND  COUNTY  of  DENVER 


FRAMED  BY  THE 

SECOND  CHARTER  CONVENTION 

FEBRUARY  6,   1904 
AND 

AMENDMENTS  THERETO 

TO 
DECEMBER  1,  191 1 

CONTAINING  ALSO 

ARTICLE  XX  OF  THE  CONSTITUTION  OF 
THE  STATE  OF  COLORADO 


DENVER,    COLORADO 

THE    SMITH-BROOKS  PRINTING  COMPANY 

1911 


OFFICERS  AND  MEMBERS 


SECOND  CHARTER  CONVENTION 


CITY  AND  COUNTY  OF  DENVER 


OFFICERS. 

President  Charles  H.  Marshall 

Vice-President Harper  M.   Orahood 

Secretary   Charles  W.  A^arnum 

Assistant  Secretary William  H.  McClure 

Sergeant-at-Arms James  Collins 

Doorkeeper A.   L.   Barker 

Stenographer Alice    M.   Clarke 


MEMBERS. 
Charles   M.   Browx  Jos.  C.  Shattlck 


Thomas  F.  Daly 
Jacob  Fillil's 
John  Gafpy 
Alice  Polk  Hill 
David  K.  Lee 
Rev.  C.  H.  Marshall 
Harper  M.  Orahood 
Oscar  Reuter 
W:m.  H.  Sharpley 


August  J.  Spengel 
Hugh  L.  Taylor 
Charles  S.  Thomas 
Edward  F.  Trunk 
Thomas  E.  Watters 
Wm.  F.  Webb 
Clay  B.  Whitford 
Hiram  G.  Wolff 
Benj.  E.  Woodward 


Adolpii  J.  Zang 


JS 
1911 


SYNOPSIS  OF  CONTENTS 


Article  XX  of  the  Constitution  of  Colorado Page    9 

Preamble Page  19 

ARTICLE  I.                                Sections. 
Boundaries    1-     3 

ARTICLE  II. 

Legislative  department   4-19 

Initiative  and  referendum 20-23 

ARTICLE  III. 

Executive  department 24 

Mayor 25-32 

Attorney    33-36 

Clerk    .\ 37-  38 

Seal    39^ 

Recorder   40-  41 

Sheriff   ' 40-  43 

Coroner    44 

County  superintendent  of  schools 45 

Assessor    46 

Auditor    47-50 

Treasurer    51-  59 

Commissioner  of  supplies 60-  62 

Inspection    63 

Department  of  fire,  police  and  exci.se 64-69 

Excise    70-  81 

Department  of  public  utilities  and  Avorks 82-90 

Commissioner  of  highways 91 

1  )epartment  of  parks 92-105 

Department  of  health 106-112 

Department  of  charity  and  correction 113-120 

Art    ■ 121-124 

Libraries    125-130 

ARTK^LE  IV. 

Judicial    dei)artment 131 

County   court 131-140 

Justices'   coiii-ts 141 

Municipal  court  141 


470704 


ARTICLE  V.                                  Sections. 
Oflficers   iiiid   snlaiies 149-165 

ARTICLE  YI. 

Ehvtioiis    : 166-168 

lOloction    coininission 169-184 

ARTICLE  VII. 
Civil  service 185-210 

ARTICLE  VIII. 

Finance  and  taxation 211-220 

Custodv  of  public  monevs 221-233 

Several   funds \ 234-238 

Police  department  relief  fund 239-241 

Firemen's  j)ension  fund 242 

Accounting-    243-244 

Public    indebtedness 245-247 

Additional   appropriations 24S 

Memorial   day 249 

Limitation  of  bonded  indebtedness 250 

Bonded  indebtedness  and  refunding 251 

ARTICLE  IX. 

Public   utilities 252-264 

ARTICLE  X. 
Franchises    265-269 

ARTICLE  XL 

Public   improvements 270-277 

Sidewalks   278-281 

Sewers    282-292 

Viaducts  and  tunnels 293-297 

Assessment  and  payment 298-311 

Bonds   ". 312-314 

Contracts    . 315-316 

Gas  and  water  connection 317 

Trees    318 

Suburban  improvement  districts 319 

Cherry   creek   improvement 320 

Platte   river 321 

Eminent  domain 322 

Parks 323-329 

Miscellaneous 330-332 

ARTICLE  XII. 
Changing  channel  of  Cherrv  creek 333-337 


ARTICLE  XIII.                             Sections. 
Right!^   and  liabilities 338-347 

ARTICLE  XIV. 
Scheuule   348-353 

ARTICLE  XV. 
Auditorium    354 


ARTICLE  XX 

OF  THE 

CONSTITUTION  OF  COLORADO 


ARTICLE  XX 

Of  the  Constitution  of  Colorado 


A^  ACT 


To  Submit  to  the  Qualified  Electors  of  the  State  of  Colorado  an 
Amendment  to  the  Constitution  of  the  State  of  Colorado,  by 
Adding  Thereto  Article  XX,  entitled  ''City  and  County  of 
Denver." 

Be  it  Enacted  hy  the  General  Assembly  of  the  State  of  Colorado: 

Section  1.  There  shall  be  submitted  to  the  qualified  electors 
of  the  state  of  Colorado,  at  the  next  general  election  for  members 
of  the  general  assembly,  for  their  approval  or  rejection,  the  fol- 
lowing amendment  to  the  Constitution  of  the  state  of  Colorado, 
by  adding  to  the  said  Constitution  a  new  article  to  be  numbered 
and  designated  as  '-'Article  XX,  City  and  County  of  Denver," 
which,  when  ratified  by  a  majority  of  those  voting  thereon,  shall 
be  valid  as  a  part  of  the  Constitution,  to  wit: 

ARTICLE  XX. 

CITY    AND    COUNTY    OF    DENVER INCORPORATION. 

Section  1.  The  municipal  corporation  known  as  the  city  of 
Denver,  and  all  municipal  corporations  and  that  part  of  the  quasi- 
municipal  corporation  known  as  the  county  of  Arapahoe,  in  the 
state  of  Colorado,  included  Avithin  the  exterior  boundaries  of  the 
said  city  of  Denver  as  the  same  shall  be  bounded  when  this 
amendment  takes  effect,  are  hereby  consolidated  and  are  hereby 
declared  to  be  a  single  body  politic  and  corporate,  by  the  name 
of  the  "City  and  County  of  Denver." 

By  that  name  said  corporation  shall  have  perpetual  succes- 
sion, and  shall  own,  possess  and  hold  all  property,  real  and  per- 
sonal, theretofore  owned,  possessed  or  held  by  the  said  city  of 
Denver  and  by  such  included  municipal  corporations,  and  also 
all  property,  real  and  personal,  theretofore  owned,  possessed  or 
held  by  the  said  county  of  Arapahoe,  and  shall  assume,  manage 
and  dispose  of  all  trusts  in  any  way  connected  therewith ;  shall 
succeed  to  all  the  rights  and  liabilities,  and  shall  acquire  all 
benefits,  and  shall  assume  and  pay  all  bonds,  obligations  and  in- 
debtedness of  said  city  of  Denver  and  of  said  included  munici- 
pal corporations  and  of  the  county  of  Arapahoe;  by  that  name 
may  sue  and  defend,  plead  and  be  impleaded,  in  all   courts   and 


10 

places.  ;uul  in  all  matters  and  proceedings;  may  have  and  use  a 
connnou  seal  and  alter  the  same  at  pleasure;  may  purchase,  re- 
ceive, hold  and  enjoy,  or  sell  and  dispose  of,  real  and  personal 
property ;  may  receive  bequests,  gifts,  and  donations  of  all  kinds 
of  pro{)erty,  in  fee  simple,  or  in  trust  for  public,  charitable  or 
other  purposes;  and  do  all  things  and  acts  necessary  to  carry 
out  the  purposes  of  such  gifts,  bequests  and  donations,  with 
power  to  manage,  sell,  lease  or  otherwise  dispose  of  the  same  in 
accordance  with  the  terms  of  the  gift,  bequest  or  trust;  shall 
have  the  power,  within  or  without  its  territorial  limits,  to  con- 
struct, condemn  and  purchase,  acquire,  lease,  add  to,  maintain, 
conduct  and  operate,  water  works,  light  plants,  power  plants, 
transportation  systems,  heating  plants,  and  any  other  public, 
utilities  or  works  or  ways  local  in  use  and  extent,  in  whole  or 
in  part,  and  everything  required  therefor,  for  the  use  of  said  city 
and  county  and  the  inhabitants  thereof,  and  any  such  systems, 
plants,  or  works,  or  ways,  or  any  contracts  in  relation  or  con- 
nection with  either,  that  may  exist  and  which  said  city  and  coun- 
ty may  desire  to  purchase,  in  whole  or  in  part,  the  same  or  any 
I)art  thereof  may  be  purchased  by  said  city  and  county,  which 
may  enforce  such  purchase  by  proceedings  at  law  as  in  taking 
land  for  public  use  by  right  of  eminent  domain,  and  shall  have 
the  power  to  issue  bonds  upon  the  vote  of  the  taxpaying  electors, 
at  any  special  or  general  election,  in  any  amount  necessary  to 
carry  out  any  of  said  powers  or  purposes,  as  may  by  the  charter 
be  i)rovided. 

The  general  annexation  and  consolidation  statutes  of  the 
state  shall  apply  to  the  city  and  county  of  Denver  to  the  same 
extent  and  in  the  same  manner  that  they  would  apply  to  the  city 
of  Denver  if  it  were  not  merged,  as  in  this  amendment  provided, 
into  the  city  and  county  of  Denver. 

Any  contiguous  town,  city  or  territory  hereafter  annexed 
to  or  consolidated  with  the  city  and  county  of  Denver,  under 
any  of  the  laws  of  this  state,  in  whatsoever  county  the  same  may 
be  at  the  time,  shall  be  detached  per  se  from  such  other  county 
and  become  a  municipal  and  territorial  part  of  the  city  and 
county  of  Denver,  together  with  all  property  thereunto  belonging. 

The  city  and  county  of  Denver  shall  alone  always  constitute 
one  judicial  district  of  the  state. 

OFFICERS. 

Section  2.  The  officers  of  the  city  and  county  of  Denver 
shall  be  such  as  by  appointment  or  election  may  be  provided  for 
by  the  charter;  and  the  jurisdiction,  term  of  office,  duties  and 
(lualifications  of  all  such  officers  shall  be  such  as  in  the  charter 
may  be  provided;  but  every  charter  shall  designate  the  officers 
who  shall,  respectively,  perform  the  acts  and  duties  required  of 
county  officers  to  be  done  by  the  Constitution  or  by  the  general 
law,  as  far  as  applicable. 


11 

If  any  officer  of  said  city  and  county  of  Denver  shall  receive 
any  compensation  whatever,  he  or  she  shall  receive  the  same  as 
a  stated  salary,  the  amount  of  which  shall  be  fixed  by  the  charter, 
and  paid  out  of  the  treasury  of  the  city  and  county  of  Denver  in 
equal  monthly  payments. 

TRANSFER    OP    GOVERNMENT. 

Section  3.  Immediately  upon  the  canvass  of  the  vote  show- 
ing the  adoption  of  this  amendment,  it  shall  be  the  duty  of  the 
governor  of  the  state  to  issue  his  proclamation  accordingly,  and 
thereupon  the  city  of  Denver,  and  all  municipal  corporations  and 
that  part  of  the  county  of  Arapahoe  within  the  boundaries  of 
said  citj^,  shall  merge  into  the  city  and  county  of  Denver,  and 
the  terms  of  office  of  all  officers  of  the  city  of  Denver  and  of  all 
included  municipalities  and  of  the  county  of  Arapahoe  shall  ter- 
minate; except,  that  the  then  mayor,  auditor,  engineer,  council 
(which  shall  perform  the  duties  of  a  board  of  county  commis- 
sioners), police  magistrate,  chief  of  police  and  boards,  of  the  city 
of  Denver  shall  become,  respectively,  said  officers  of  the  city 
and  county  of  Denver,  and  said  engineer  shall  be  ex-officio  sur- 
veyor and  said  chief  of  police  shall  be  ex-officio  sheriff  of  the  city 
and  county  of  Denver;  and  the  then  clerk  and  ex-officio  recorder, 
treasurer,  assessor  and  coroner  of  the  county  of  Arapahoe,  and 
the  justices  of  the  peace  and  constables  holding  office  within  the 
city  of  Denver,  shall  become,  respectively,  said  officers  of  the  city 
and  county  of  Denver,  and  the  district  attorney  shall  also  be 
ex-officio  attorney  of  the  city  and  county  of  Denver. 

The  foregoing  officers  shall  hold  the  said  offices  as  above 
specified  only  until  their  successors  are  duly  elected  and  quali- 
fied as  herein  provided  for;  except  that  the  then  district  judges, 
county  judge  and  district  attorney  shall  serve  their  full  terms, 
respectively,  for  which  elected. 

The  police  and  firemen  of  the  city  of  Denver,  except  the 
chief  of  police  as  such,  shall  continue  severally  as  the  police  and 
firemen  of  the  city  and  county  of  Denver  until  they  are  severally 
discharged  under  such  civil  service  regulations  as  shall  be  pro- 
vided by  the  charter;  and  every  charter  shall  provide  that  the 
department  of  fire  and  police  and  the  department  of  public  utili- 
ties and  works  shall  be  under  such  civil  service  regulations  as 
in  said  charter  shall  be  provided. 

FIRST    CHARTER. 

Sec.  4.  The  charter  and  ordinances  of  the  city  of  Denver  as 
the  same  shall  exist  when  this  amendment  takes  effect,  shall,  for 
the  time  being  only,  and  as  far  as  applicable,  be  the  charter  and 
ordinances  of  the  city  and  county  of  Denver;  but  tlie  ])oopIe  of  the 
city  and  county  of  Denver  are  hereby  vested  with  and  they  shall 
always  have  the  exclusive  power  in  the  making,  altering,  revising 
or  amending  their  charter,  and,  within  ten  days  after  the  procla- 
mation of  the  governor  announcing  the  adoption  of  this  amend- 


12 

ment  the  coimcil  of  the  city  and  county  of  Denver  shall,  by  ordi- 
nance, call  a  special  election,  to  be  conducted  as  provided  by  law, 
of  the  qualified  electors  in  said  city  and  county  of  Denver,  for  the 
election  of  twenty-one  taxpayers  who  shall  have  been  qualified 
electors  within  the  limits  thereof  for  at  least  five  years,  who  shall 
constitute  a  charter  convention  to  frame  a  charter  for  said  city 
and  county  in  harmony  with  this  amendment. 

Immediately  upon  completion,  the  charter  so  framed,  with 
a  prefatory  synopsis,  shall  be  signed  by  the  officers  and  members 
of  the  convention  and  delivered  to  the  clerk  of  said  city  and 
county  who  shall  publish  the  same  in  full,  with  his  official  certifi- 
cation, in  the  oflacial  newspaper  of  said  city  and  county,  three 
times,  and  a  week  apart,  the  first  publication  being  with  the  call 
for  a  special  election,  at  which  the  qualified  electors  of  said  city 
and  county  shall  by  vote  express  their  approval  or  rejection  of  the 
said  charter.  If  the  said  charter  shall  be  approved  by  a  majority 
of  those  voting  thereon,  then  two  copies  thereof  (together  with 
the  vote  for  and  against)  duly  certified  by  the  said  clerk,  shall, 
within  ten  days  after  such  vote  is  taken,  be  filed  with  the  secre- 
tary or  state,  and  shall  thereupon  become  and  be  the  charter  of 
the  city  and  county  of  Denver.  But  if  the  said  charter  be  re- 
jected, then,  within  thirty  days  thereafter,  twenty-one  members 
of  a  new  charter  convention  shall  be  elected  at  a  special  election 
to  be  called  as  above  in  said  city  and  county,  and  they  shall  pro- 
ceed as  above  to  frame  a  charter,  which  shall  in  like  manner  and 
to  the  like  end  be  published  and  submitted  to  a  vote  of  said  voters 
for  their  approval  or  rejection.  If  again  rejected,  the  procedure 
herein  designated  shall  be  repeated  (each  special  election  for 
members  of  a  new  charter  convention  being  within  thirty  days 
after  each  rejection)  until  a  charter  is  finally  approved  by  a  ma- 
jority of  those  voting  thereon,  and  certified  (together  with  the 
vote  for  and  against)  to  the  secretary  of  state  as  aforesaid,  where- 
upon it  shall  become  the  charter  of  the  said  city  and  county  of 
Denver  and  shall  become  the  organic  law  thereof,  and  supersede 
any  existing  charters  and  amendments  thereof. 

The  members  of  each  of  said  charter  conventions  shall  be 
elected  at  large ;  and  they  shall  complete  their  labors  within  sixty 
days  after  their  respective  election. 

Every  ordinance  for  a  special  election  of  charter  convention 
members  shall  fix  the  time  and  place  where  the  convention  shall 
be  held,  and  shall  specify  the  compensation,  if  any,  to  be  paid  the 
officers  and  members  thereof,  allowing  no  compensation  in  case 
of  non-attendance  or  tardy  attendance,  and  shall  fix  the  time 
when  the  vote  shall  be  taken  on  the  proposed  charter,  to  be  not 
less  than  thirty  days  nor  more  than  sixty  days  after  its  delivery 
to  the  clerk. 

The  charter  shall  make  proper  provision  for  continuing, 
amending  or  repealing  the  ordinances  of  the  city  and  county  of 
Denver. 


13 

All  expenses  of  charter  conventions  shall  be  paid  out  of  the 
treasury  upon  the  order  of  the  president  and  secretary  thereof. 
The  expenses  of  elections  for  charter  conventions  and  of  charter 
votes  shall  be  paid  out  of  the  treasury  upon  the  order  of  the 
council. 

No  franchise  relating  to  any  street,  alley  or  public  place  of 
the  said  city  and  county  shall  be  granted  except  upon  the  vote  of 
the  qualified  taxpaying  electors,  and  the  question  of  its  being 
granted  shall  be  submitted  to  such  vote  upon  deposit  with  the 
treasurer  of  the  expense  (to  be  determined  by  said  treasurer)  of 
such  submission  by  the  applicant  for  said  franchise. 

The  council  shall  have  power  to  fix  the  rate  of  taxation  on 
property  each  year  for  city  and  county  purposes. 

NEW    CHARTERS,    AMENDMENTS    OF    MEASURES. 

Sec.  5.  The  citizens  of  the  city  and  county  of  Denver  shall 
have  the  exclusive  power  to  amend  their  charter  or  to  adopt  a 
new  charter,  or  to  adopt  any  measure  as  herein  provided ; 

It  shall  be  competent  for  qualified  electors  in  number  not  less 
than  five  per  cent,  of  the  next  preceding  gubernatorial  vote  in 
said  city  and  county  to  petition  the  council  for  any  measure,  or 
charter  amendment,  or  for  a  charter  convention. 

The  council  shall  submit  the  same  to  a  vote  of  the  qualified 
electors  at  the  next  general  election  not  held  within  thirty  days 
after  such  petition  is  filed;  whenever  such  petition  is  signed  by 
qualified  electors  in  number  not  less  than  ten  per  cent,  of  the  next 
preceding  gubernatorial  vote  in  said  city  and  county,  with  a  re- 
quest for  a  special  election,  the  council  shall  submit  it  at  a  spe- 
cial election  to  be  held  not  less  than  thirty  nor  more  than  sixty 
days  from  the  date  of  filing  the  petition ;  Provided,  That  any  ques- 
tion so  submitted  at  a  special  election  shall  not  again  be  submit- 
ted at  a  special  election  within  two  years  thereafter. 

In  submitting  any  such  charter,  charter  amendment  or  meas- 
ure, any  alternative  article  or  proposition  may  be  presented  for 
the  choice  of  the  voters,  and  may  be  voted  on  separately  without 
prejudice  to  others. 

Whenever  the  question  of  a  charter  convention  is  carried  by 
a  majority  of  those  voting  thereon,  a  charter  convention  shall  be 
called  through  a  special  election  ordinance  as  provided  in  section 
four  (4)  hereof,  and  the  same  shall  be  constituted  and  held  and 
the  proposed  charter  submitted  to  a  vote  of  the  qualified  electors, 
approved  or  rejected,  and  all  exjjenses  paid,  as  in  said  section 
"  provided. 

The  clerk  of  the  city  and  county  shall  publish,  with  his  official 
certification,  for  three  times,  a  week  apart,  in  the  official  news- 
paper, the  first  publication  to  be  with  his  call  for  the  election, 
general  or  si)ecial,  the  full  text  of  any  charter,  charter  amend- 
ment, measure,  or  proposal  for  a  charter  convention,  or  alterna- 
tive article  or  proposition,  Avhich  is  to  be  submitted  to  the  voters. 


14 

Within  leu  days  following  the  vote  the  said  clerk  shall  pub- 
lish once  in  said  newspaper  the  full  text  of  any  charter,  charter 
amendment,  measure  or  proposal  for  a  charter  convention,  or 
alternative  article  or  i)roposition,  which  shall  have  been  approved 
by  a  majority  of  those  voting  thereon,  and  he  shall  file  with  the 
secretary  of  state  two  copies  thereof  (with  the  vote  for  and 
against)  oificially  certified  by  him,  and  the  same- shall  go  into 
effect  from  the  date  of  such  filing. 

He  shall  also  certify  to  the  secretary  of  state,  with  the  vote 
for  and  against,  two  copies  of  every  defeated  alternative  article 
or  proj^osition,  charter,  charter  amendment,  measure  or  proposal 
for  a  charter  convention. 

Each  charter  shall  also  provide  for  a  reference,  upon  proper 
petition  therefor,  of  measures  passed  by  the  council  to  a  vote  of 
the  qualified  electors,  and  for  the  initiative  by  the  qualified  elect- 
ors of  such  ordinances  as  the}'  may  by  petition  request. 

The  signatures  to  petitions  in  this  amendment  mentioned 
need  not  all  be  on  one  paper. 

Nothing  herein  or  elsewhere  shall  prevent  the  council,  if  it 
sees  fit,  from  adopting  automatic  vote  registers  for  us  at  elections 
and  references. 

No  charter,  charter  amendment  or  measure  adopted  or  de- 
feated under  the  provisions  of  this  amendment  shall  be  amended, 
rej>ealed  or  revived,  except  by  petition  and  electoral  vote. 

And  no  such  charter,  charter  amendment  or  measure  shall 
diminish  the  tax  rate  for  state  purposes  fixed  by  act  of  the  gen- 
eral assembly,  or  interfere  in  any  wise  with  the  collection  of  state 
taxes. 

CITIES   OP   THE   FIRST  AND    SECOND   CLASS. 

Section  6.  Cities  of  the  first  and  second  class  in  this  state 
are  hereby  em])Owered  to  propose  for  submission  to  a  vote  of  the 
(lualified  electors  proposals  for  charter  conventions  and  to  hold 
the  same,  and  to  amend  any  such  charter,  with  the  same  force 
and  in  the  same  manner  and  have  the  same  power,  as  nearly  as 
may  be,  as  set  out  in  sections  four  (4)  and  five  (5)  hereof,  with 
full  povrer  as  to  real  and  personal  property  and  public  utilities, 
works  or  ways,  as  set  out  in  section  one  (1)  of  this  amendment. 

:  .  SCHOOL    DISTRICTS    CONSOLIDATED. 

Section  7.  The  city  and  county  of  Denver  shall  alone  always 
constitute  one  school  district,  to  be  known  as  District  No.  1,  but 
its  conduct,  affairs  and  business  shall  be  in  the  hands  of  a  board 
of  education  consisting  of  such  numbers,  elected  in  such  manner 
as  tlie  general  school  laws  of  the  state  shall  provide,  and  until 
the  first  election  under  said  laws  of  a  full  board  of  education 
which  shall  be  had  at  the  firet  election  held  after  the  adoption 
of  this  amendment,  all  the  directors  of  school  district  No.  1  and 
the  respective  presidents  of  the  school  boards  of  school  districts 
Nos.  2,  7,  17  and  21,  at  the  time  this  amendment  takes    effect. 


15 

shall  act  as  such  board  of  education,  and  all  districts  or  special 
charters  now  existing  are  hereby  abolished. 

The  said  board  of  education  shall  perform  all  the  acts  and 
duties  required  to  be  performed  for  said  districts  by  the  general 
laws  of  the  state. 

Except  as  inconsistent  with  this  amendment,  the  general 
school  laws  of  the  state  shall,  unless  the  context  evinces  a  con- 
trary intent,  be  held  to  extend  and  apply  to  the  said  ''District 
No.  1." 

L'pou  the  annexation  of  any  contiguous  municipality  which 
shall  include  a  school  district  or  districts  or  any  part  of  a  dis- 
trict, said  school  district  or  districts  or  parts  shall  be  merged  in 
said  "District  No.  1,"  which  shall  then  own  all  the  property 
thereof,  real  and  personal,  located  within  the  boundaries  of  such 
annexed  municipality,  and  shall  assume  and  pay  all  the  bonds, 
obligations  and  indebtedness  of  each  of  the  said  included  school 
districts,  and  a  proper  proportion  of  those  of  partially  included 
districts;  Provided,  however,  That  the  indebtedness,  both  princi- 
pal and  interest,  which  any  school  district  may  be  under  at  the 
time  when  it  becomes  a  part,  by  this  amendment  or  by  annexa- 
tion, of  said  "District  No.  1,"  shall  be  paid  by  said  school  district 
so  owing  the  same  by  a  special  tax  to  be  fixed  and  certified  by  the 
board  of  education  to  the  council  which  shall  levy  the  same  upon 
the  property  within  the  boundaries  of  such  district,  respectively, 
as  the  same  existed  at  the  time  such  district  becomes  a  part  of 
said  "District  No.  1,"  and  in  case  of  i)artially  included  districts 
such  tax  shall  be  equitably  apportioned  upon  the  several  parts 
thereof. 

Section  8.  Anything  in  the  Constitution  of  this  state  in  con- 
flict or  inconsistent  with  the  provisions  of  this  amendment  is 
hereby  declared  to  be  inapplicable  to  the  matters  and  things  by 
this  amendment  covered  and  provided  for. 

Section  2.  Each  elector  voting  at  said  election  and  desirous 
of  voting  for  or  against  said  amendment,  shall  deposit  in  the  bal- 
lot box  his  ticket  whereon  shall  be  printed  the  words  "For  Home 
Rule  for  Cities"  and  "Against  Home  Rule  for  Cities"  and  shall 
indicate  his  choice  by  placing  a  cross  opposite  one  or  the  other 
of  said  groups  of  words. 

Section  3.  Tlie  votes  cast  for  the  adoption  or  rejection  of 
said  amendment  sliall  be  canvassed  and  the  result  determined  by 
the  laws  of  the  state  for  the  canvass  of  votes  for  representatives 
in  congress. 


THE  CHARTER 

OF 

THE  CITY  AND  COUNTY  OF  DENVER 


THE  CHARTER 

Of  the  City  and  County  of  Denver 


PREFATORY  SYNOPSIS. 

The  second  charter  convention  submits  to  the  people  of  the 
-city  and  county  a  draft  of  a  charter  comprising  fifteen  articles, 
with  their  proper  subdivisions.  The  total  number  of  sections  is 
354,  and  the  subjects  to  which  they  severally  relate  are  tabu- 
lated, with  proper  references,  in  the  synopsis  of  contents  hereto 
attached. 

Article  I  defines  the  boundaries  of  the  city  and  county  as 
outlined  by  article  XX  of  the  state  constitution. 

Article  II,  comprising  sections  4  to  23,  inclusive,  entitled 
Legislative  Department,  is  intended  to  define  the  powers  and 
duties  of  the  council.  The  dual  system  now  in  force  is  retained, 
with  an  increase  of  the  board  of  supervisors  from  five  to  seven 
in  number.  The  city  and  county  is  divided  into  seven  districts, 
and  a  supervisor  living  in  each  district  shall  be  elected  at  large. 
One  alderman  from  each  ward  is  provided  for,  and  the  ultimate 
number  of  wards  limited  to  twenty-one.  Provision  is  made  for 
the  exercise  of  the  initiative  and  referendum,  as  required  by 
article  XX. 

Article  III,  relating  to  the  executive  department,  comprises 
sections  24  to  130,  inclusive.  The  department  comprises  a 
mayor,  attorney,  clerk,  recorder,  sheriff,  coroner,  superintend- 
ent of  schools,  assessor,  auditor,  treasurer,  commissioner  of  sup- 
plies, commissioner  of  sprinkling,  department  of  fire,  police  and 
excise,  department  of  public  utilities  and  works,  department 
of  parks,  department  of  health,  dei)artment  of  charity  and  cor- 
rection, a  commissioner  of  highways,  and  other  subordinate  ap- 
])ointive  positions.  The  mayor,  attorney,  clerk,  recorder,  sheriff, 
coroner,  sui)erintendent  of  schools,  assessor,  auditor  and  treas- 
urer are  elective.  All  other  executive  officers  are  apT)ointed. 
The  term  of  the  elective  officers  is  fixed  at  four  years.  The  mem- 
bers of  the  board  of  fire,  police  and  excise,  and  public  utilities 
and  works  are  appointed  by  the  mayor,  the  commissioner  of  ex- 
cise being  ex-officio  chairman  of  the  fire  and  police  board.  The 
board  of  public  works  is  composed  of  the  engineer  and  highway 
commissioner,  together  with  the  j)resident,  to  be  appointed  by 
the  mayor.  All  a])pointees  are  either  subject  to  removal  by  tlie 
mayor  for  causes  not  j(olitical,  oi-  at  liis  pleasure.     One  mem- 


20 

ber  of  each  board  must  be  of  ditferent  political  faith  from  the 
others.  The  members  of  the  park,  library  and  charity  and  cor- 
rection commissions  serve  without  compensation.  It  is  be- 
lieved that  due  provision  is  made  for  all  the  phases  and  needs 
of  tlie  executive  department. 

Article  IV  comprises  sections  131  to  118,  inclusive,  and  re- 
lates to  the  judicial  department.  Two  judges  of  the  county 
court  are  provided  for,  one  of  whom  shall  be  elected  every  two 
years,  excei)t  that  at  the  firsf  election  one  of  the  judges  chosen 
shall  serve  for  a  shorter  term.  Provision  is  made  for  three  jus- 
tices of  the  peace,  and  as  many  constables.  The  police  court  is 
abolished,  the  duties  of  such  court  being  imposed  upon  the  jus- 
tices of  the  peace. 

Article  V,  sections  118  to  165,  inclusive,  relates  to  officers 
and  salaries.  The  duties  required  of  the  various  officers,  their 
responsibilities  and  compensation  are  fixed,  and  all  pei'sons  in 
the  employ  of  the  city  and  county  whose  salaries  are  not  spe- 
cifically mentioned  are  classified  as  employes.  The  salaries 
are,  in  some  instances,  increased  as  are  the  duties  attached  to 
the  various  T)ositions.  In  other  respects  the  salaries  are  those 
now  prevailing. 

Article  VI.  relating  to  elections,  comprises  sections  160  to 
184,  inclusive.  The  elections  are  fixed  for  the  third  Tuesday  of 
May,  1904,  and  each  alternate  year  thereafter.  An  election  com- 
mission, composed  of  three  members,  is  created,  with  full  author- 
ity in  all  matters  of  registration  and  election.  One  member  of 
such  commission  shall  be  of  different  political  faith  from  the 
others,  and  a  sahiry  of  -f  1,000  per  annum  is  provided  for  each 
member. 

Article  YII,  sections  185  to  210,  inclusi\e,  relates  to  the  civil 
service.  The  convention  has  named  a  commission  for  two  years, 
after  which  the  mayor  shall  appoint  such  members  for  six,  four 
and  two  years,  respectively,  and  one  member  shall  be  appointed 
every  two  years  thereafter.  The  commission  serves  without  com- 
pensation, and  the  departments  specified  in  article  XX  are  placed 
under  its  control.  One  member  shall  be  of  different  political 
faitli  from  the  other  two. 

Article  VIII,  sections  211  to  251,  inclusive,  relates  to  finance 
and  taxation.  It  includes  provisions  for  police  department  re- 
lief fund  and  firemen's  pension  fund.  It  is  believed  that  the  ar- 
ticle fully  covers  the  general  subject  of  the  public  revenue,  in- 
cluding taxation,  accounting,  appropriations,  and  bonded  and 
other  indebtedness.  A  limitation  is  placed  upon  the  amount  of 
public  indebtedness,  and  provision  is  made  for  the  refunding  of 
all  existing  liabilities. 

Article  IX,  sections  2.52  to  264,  inclusive,  relates  to  public 
utilities,  and  provides  for  the  management  and  operation  thereof. 

Article  X,  sections  265  to  269,  inclusive,  relating  to  fran- 
chises, repeats  the  language  of  article  XX  upon  the  subject,  and 


21 

limits  all  franchises  granted  to  twenty  j-ears.  It  reserves  to  the 
people  the  right  to  regulate  rates  for  service,  and  provides  for 
the  granting  of  licenses  or  permits,  revocable  at  any  time. 

Article  XI,  sections  270  to  332,  inclusive,  is  devoted  to  the 
subject  of  public  improvements.  The  board  may  initiate  paving 
districts  of  not  to  exceed  twelve  blocks,  without  petition,  but  the 
time  for  remonstrance  has  been  extended  from  thirty  to  sixty 
days,  and  the  percentage  reduced  from  51  per  cent,  to  85  per 
cent.,  and  no  monopoly  material  can  be  used.  Ample  provision 
is  made  for  necessary  sanitary  sewers,  and  for  all  public  im- 
provements needed  or  desired  from  time  to  time,  and  for  the  pay- 
ment therefor  by  assessments  and  from  the  general  revenues. 
The  subjects  of  parks,  trees,  suburban  improvement  districts, 
Cherry  creek  and  Platte  river  are  fully  provided  for. 

Article  XII,  sections  333  to  337,  inclusive,  gives  the  council 
poAver  to  change  the  channel  of  Cherry  creek. 

Article  XIII,  sections  338  to  347,  inclusive,  defines  the  rights 
and  liabilities  of  the  city  and  count}'. 

Article  XIV  is  the  schedule.  Provision  is  here  made  for  the 
continuation  of  ordinances.  It  also  contains  the  usual  precau- 
tionary requirements  naturally  falling  under  this  subject. 

Article  XV,  providing  for  an  auditorium,  is  taken  from  the 
charter  proposed  by  the  first  convention. 


PREAMBLE 


We,  the  people  of  the  city  and  county  of  Denver,  under  the 
authority  of  the  state  of  Colorado,  do  ordain  and  establish  this 
charter  for  the  cit}'  and  county  of  Denver. 


CHARTER  OF  THE  CITY  AND  COUNTY  OF  DENVER. 


ARTICLE  I. 

BOUNDARIES. 

Boundaries — How  Defined. 

Section  1.  The  boundaries  of  the  city  and  county,  with  the 
powers  of  annexation,  shall  be  as  defined  by  the  constitution  and 
the  laws  of  the  state  of  Colorado. 

Sixteen  Wards. 

Section  2.  The  city  and  county  may  be  divided,  or  resubdi- 
vided,  by  ordinance,  into  not  less  than  sixteen  (16)  nor  more 
than  twenty-one  (21)  wards,  and  into  election  precincts  for  elec- 
tion j)urposes;  Provided  that  until  changed  by  ordinance,  and 
for  all  the  purposes  of  said  election  and  of  membership  in  the 
board  of  aldermen,  the  territory  within  the  limits  of  the  city 
and  county  existing  at  this  time  is  hereby  divided  into  sixteen 
(16)  wards,  corresponding  in  numbers  and  boundaries  with  the 
wards  of  the  city  and  county  heretofore  established  and  now  ex- 
isting. 

Seven  Supervisor  Districts. 

Section  3.  The  city  and  county  is  hereby  divided  into  seven 
(7)  supervisor  districts,  and  for  all  the  purposes  of  membership 
in  the  board  of  supervisors  wards  numbers  fifteen  (15)  and  six- 
teen (16)  shall  be  known  as  district  number  one;  wards  numbers 
six  (6)  and  seven  (7),  district  number  two;  wards  numbers  one 
(1),  two  (2)  and  eleven  (11),  district  number  three;  wards  num- 
bers three  (3),  four  (4)  and  five  (5),  district  number  four;  wards 
numbers  eight  (8)  and  nine  (9),  district  number  five;  wards 
numbers  ten  (10)  and  fourteen  (14),  district  number  six;  wards 
numbers  twelve  (12)  and  thirteen  (13),  district  number  seven. 

Provided  that  if  the  number  of  wards  be  changed  by  the 
council  the  boundaries  of  said  districts  may  also  be  changed  by 
ordinance;  but  each  ward  shall  be  wholly  in  such  supervisor  dis- 
trict, and  each  district  shall  be  composed  of  contiguous  territory. 


24 
ARTICLE  II. 

LEGISLATIVE  DEPARTMENT. 

Council — Two  Boards. 

Section  4.  All  legislative  powers  conferred  b}'  the  consti- 
tution upon  the  city  and  county,  except  as  otherwise  provided, 
shall  be  vested  exclusively  in  a  council,  consisting  of  a  board 
of  supervisors  and  a  board  of  aldermen.  The  board  of  supervi- 
sors shall  consist  of  seven  (7)  members,  including  a  president,  to 
be  elected  as  herein  provided,  and  all  members  of  the  board  of 
supervisors  shall  be  elected  by  the  city  and  county  at  large ;  Pro- 
vided, however,  that  there  shall  be  one  supervisor  from  each  su- 
pervisor district;  and  no  person  not  a  resident  of  the  supervisor 
district  from  which  he  is  elected  shall  be  eligible  for  membership 
in  the  board  of  supervisors. 

Supervisors — Term  Four  Years. 

Section  5.  Members  of  the  board  of  supervisors  shall  be 
elected  for  the  term  of  four  (4)  years,  except  as  herein  provided. 

Supervisors — Two  Classes — President. 

Section  6.  The  supervisors  at  their  first  session  shall  be  di- 
vided into  two  classes ;  those  elected  in  districts  designated  by 
even  numbers  shall  constitute  one  class;  those  elected  in  dis- 
tricts designated  by  odd  numbers  shall  constitute  the  other  class. 
The  supervisors  of  one  class  shall  hold  for  two  (2)  years;  those 
of  the  other  class  shall  hold  for  four  (4)  years,  to  be  decided 
by  lot  between  the  two  classes ;  so  that  one-half  of  the  supervi- 
sors, as  near  as  practicable,  may  be  biennially  chosen  forever 
thereafter.  The  board  shall,  by  ballot,  elect  one  of  its  number 
as  president,  wlio  shall  hold  such  position  for  the  term  of  one 
(1)  year,  and  until  his  successor  is  elected  in  the  same  manner. 

Aldermen — Term  Two  Years — President. 

Section  7.  The  board  of  aldermen  shall  consist  of  not  less 
than  sixteen  (16)  nor  more  than  twenty-one  (21)  members,  to  be 
elected  by  wards,  one  from  each  ward  of  the  city  and  county, 
and  for  the  term  of  two  (2)  years,  and  they  shall  by  ballot  elect 
one  of  their  number  as  president  of  the  board,  who  shall  hold 
such  position  for  the  term  of  one  (1)  year,  and  until  his  succes- 
sor is  elected  in  the  same  manner. 

Members  of  Council— Privileges — Duties — Limitations. 

Section  8.  All  members  of  the  council  shall  be  exempt  from 
serving  on  juries  in  the  courts  of  this  state  during  their  term 
of  office.  No  person  not  a  citizen  of  the  United  States,  a  resi- 
dent of  the  territory  comprising  the  city  and  county  for  at  least 
two  (2)  years,  and  at  least  one  (1)  year  a  tax  payer  within  said 
limits  of  the  city  and  county,  and  at  least  twenty-five  (25)  years 
of  age,  shall  be  eligible  for  membership  in  the  council;  and  no 
person  not  a  resident  of  the  ward  from  which  he  is  elected,  shall 
be  eligible  for  membership  in  the  board  of  aldermen. 


25 

No  member  shall  hold  any  other  office  or  employment,  com- 
pensation for  which  is  paid  out  of  public  moneys  of  the  city  and 
county,  or  be  elected  or  appointed  to  any  office  created  or  the 
compensation  of  which  was  increased,  by  the  council  while  he 
was  a  member  thereof,  until  one  (1)  year  after  the  expiration  of 
the  term  for  which  he  was  elected,  or  be  interested  directly  or 
indirectly  in  any  contract  with  the  city  and  county.  No  person 
who  is  directly  or  indirectly  interested  in  a^ny  contract  with  the 
city  and  county,  or  any  department  or  institution  thereof,  or 
who  is  indebted  to  the  state  or  to  the  city  and  county  for  taxes, 
or  who  shall  have  been  convicted  of  malfeasance  in  office,  bribery 
or  other  corrupt  practices,  shall  be  qualified  for  membership  in 
the  council. 

Council  Meetings — Clerk. 

Section  9.  Each  board  of  the  council  shall  hold  regular 
meetings  twice  in  each  month,  at  the  city  hall,  but  the  regular 
meetings  of  the  two  boards  shall  not  be  held  in  the  same  week ; 
and  until  otherwise  provided  by  ordinance  the  regular  meetings 
of  the  board  of  aldermen  shall  be  held  on  the  first  and  third 
Thursdays,  and  of  the  board  of  supervisors  on  the  second  and 
fourth  Thursdays.  The  council  shall  sit  with  open  doors,  and 
keep  a  journal  of  its  proceedings.  The  clerk  of  the  city  and 
county  shall  be  the  clerk  of  the  council. 

President — Duties — Expulsion  of  Members,  Etc. 

Section  10.  The  president  of  each  board  shall  preside  at  all 
meetings  of  his  board,  and  shall  have  a  vote  upon  all  measures 
pending  therein.  He  shall  appoint  all  committees  and  exercise 
such  other  powers  as  are  usually  vested  in  a-  presiding  officer. 
Each  board  may  in  the  temporary  absence  of  its  president,  or 
his  inability  to  perform  the  duties  pertaining  to  his  office,  elect 
a  president  pro  tem,  who  shall  be  temporarily  clothed  with  the 
powers  and  duties  of  the  president,  but  shall  not  be  entitled  to 
receive  any  additional  salary.  The  proceedings  of  each  board  in 
electing  such  president  pro  tem  shall  be  evidenced  by  a  suitable 
record  thereof. 

Each  board  shall  be  the  sole  judge  of  the  qualifications,  elec- 
tion and  returns  of  its  own  members.  It  shall  have  power  to 
determine  the  rules  of  its  own  proceedings,  punish  its  members 
for  disorderly  conduct,  and  with  the  concurrence  of  two-thirds 
of  all  the  members  elect,  expel  a  member.  A  majority  of  the 
members  elect  of  each  board  shall  constitute  a  quorum ;  a  smaller 
number  may  adjourn  from  time  to  time,  and  may  compel  the 
attendance  of  absent  members  in  such  manner  and  under  such 
penalties  as  each  board  shall  provide. 

Journal — Majority  of  Members  Elected  Necessary  to  Any  Action. 

Section   11.     A  journal   of  the  proceedings   of  each   board 

shall  be  kept  by  the  clerk  or  a  deputy  clerk  of  the  city  and 

county,  upon  which  shall  be  entered  each  vote  taken  by  ayes  and 


26 

noes ;  and  no  action  of  either  board,  except  an  adjournment,  shall 
have  any  force  unless  a  majority  of  all  of  the  members  elected 
shall  have  voted  in  favor  thereof. 

Absence  Without  Excuse— Forfeit  $10.00. 

Section  12.  If  any  member  of  either  board  shall  be  absent 
from  any  regular  meeting  thereof  without  being  excused,  he  shall 
forfeit  to  the  city  and  county  ten  dollars  (|10.00)  of  his  com- 
pensation for  any  such  absence;  and  the  journal  record  of  the 
roll  call  shall  be  conclusive  on  the  question  of  his  presence  or  ab- 
sence. The  clerk  keeping  the  journal  shall  immediately  after 
each  meeting  notify  the  auditor  of  the  name  of  any  absentee,  who 
shall  deduct  all  such  forfeitures  from  the  absentee's  monthly  sal- 
ary next  to  be  paid. 

Ordinances — How  Passed,  Etc. 

Section  13.  The  council  shall  act  only  by  ordinance  in  mat- 
ters of  legislation,  contract,  appropriation  or  expenditures  of 
money  and  by  ordinance  or  resolution  in  other  matters.  All  or- 
dinances or  resolutions,  except  ordinances  making  appropria- 
tions, shall  be  confined  to  one  subject,  which  shall  be  clearly  ex- 
pressed in  the  title.  If  any  subject  shall  be  embraced  in  any  ordi- 
nance which  shall  not  be  expressed  in  the  title,  such  ordinance 
shall  be  void  only  as  to  so  much  thereof  as  shall  not  be  so  ex- 
pressed. Ordinances  making  appropriations  shall  be  confined  to 
the  subject  of  appropriations.  No  ordinance  shall  be  passed  ex- 
cept by  bill,  and  each  bill  when  introduced  shall  be  read  at  length 
and  referred  to  a  committee  and  shall  not  be  subsequently  so  al- 
tered or  amended  as  to  change  its  original  purpose.  Bills  may 
originate  in  either  board  and  may  be  amended  or  rejected  by 
either  board.  They  shall  be  reported  back  to  the  board  by  the 
committee  within  five  (5)  days  after  such  reference,  or  at  the 
next  regular  meeting  of  the  board  after  the  expiration  of  said 
five  (5)  days  unless  a  later  day  is  designated  when  such  refer- 
ence is  made.  The  ayes  and  noes  shall  be  taken  upon  the  pass- 
age of  all  ordinances  and  resolutions  and  entered  upon  the 
journal. 

No  ordinance  shall  take  effect  until  published  in  some  news- 
paper of  general  circulation  published  in  the  city  and  county,  or 
in  book  or  pamphlet  form,  by  authority  of  the  council.  No  bill 
or  resolution  authorizing  the  expenditure  of  more  than  five  thou- 
sand dollars  (|5,00U.00),  except  in  case  of  local  improvements  to 
be  paid  for,  in  whole  or  in  part  by  special  assessments,  shall  be 
passed  until  after  the  expiration  of  one  week  from  and  after  the 
introduction  of  the  same,  nor  until  advertisement  has  been  made 
by  the  clerk  for  at  least  five  (5)  days  in  some  such  newspaper, 
stating  the  general  nature  of  the  contract  or  expenditure  as  the 
<;ase  may  be,  and  in  case  of  the  adoption  of  any  amendment  alter- 
ing the  contract  or  expenditure  the  proposed  time  shall  be  ad- 
vertised in  like  manner  before  final  action  thereon.  No  bill  for 
the  publication  of  ordinances  in  newspapers  shall  be  paid  until 


27 

the  publication  tliereof  sliall  be  evidenced  by  aflSdavit  of  the  pub- 
lisher of  same  or  some  one  authorized  to  act  in  his  behalf,  such 
affidavit  to  be  accompanied  by  the  ordinance  as  published. 

No  ordinance  shall  be  revived  or  amended  or  the  provisions 
thereof  extended  or  conferred,  by  reference  to  the  title  only ;  so 
much  thereof  as  is  revised,  amended,  extended  or  conferred,  shall 
be  re-enacted  at  length. 

Enacting  Clause. 

Section  14.  The  style  of  all  ordinances  shall  be:  "Be  it  en- 
acted by  the  council  of  the  city  and  county  of  Denver." 

Veto  by  Mayor. 

Section  15.  Every  ordinance  or  resolution  passed  by  the 
council  shall  be  presented  to  the  mayor  within  twenty-four  (24) 
hours  thereafter.  If  he  approves  such  ordinance  or  resolution  he 
shall  sign  it  within  live  (5)  days  after  receiving  it;  if  he  shall 
disapprove  it,  he  shall  within  five  (5)  days  after  receiving  it  re- 
turn the  same  with  his  objection  in  writing  to  the  board  in 
which  it  originated,  which  board  shall  enter  the  objections  at 
large  upon  its  journal  and  proceed  to  reconsider  the  same.  If 
then  two-thirds  of  the  members  agree  to  pass  the  same,  it  shall 
be  sent,  together  with  the  objections,  to  the  other  board,  by  which 
it  shall  be  likewise  reconsidered,  and  if  approved  by  two-thirds 
of  the  members  elected  to  that  board  it  shall  become  an  ordinance 
or  resolution,  notwithstanding  the  objections  of  the  mayor.  In 
all  such  cases  a  vote  of  each  board  shall  be  determined  by  ayes 
and  noes  to  be  entered  upon  the  journal.  If  the  mayor  do  not  re- 
turn the  resolution  or  ordinance  with  such  disapproval  within 
the  time  specified,  it  shall  take  effect  as  if  he  had  approved  it.  In 
an  ordinance  appropriating  money,  the  mayor  may  approve  or 
disapprove  any  item ;  as  to  the  items  approved  the  ordinance  shall 
take  effect  as  in  case  of  other  ordinances  approved.  As  to  the 
items  disaproved,  the  same  shall  be  reconsidered  by  the  council 
as  in  other  cases  of  disapproval. 

Council  No  Executive  Power. 

Section  10.  Whenever  an  executive  or  administrative  func- 
tion shall  be  required  to  be  performed  by  ordinance,  the  same 
shall  be  performed  by  the  proper  executive  department,  and  not 
by  the  council.  Such  ordinance  shall  designate  the  department 
which  is  to  perform  the  duties  thereunder.  If  such  designation 
be  not  made  the  mayor  shall  assign  such  duties  to  the  proper  de- 
partment. The  council  shall  not,  except  as  herein  provided,  ap- 
point any  person  to  any  office  or  employment,  or  create  any  new 
department. 

Council — Powers  of. 

Section  17.  Except  as  otherwise  provided  in  this  charter, 
the  council  shall  have  power  to  appropriate  all  money  necessary 
for  the  expenses  of  the  city  and  county  and  to  transfer  the  unex- 


28 

jteuded  balance  of  snch  appropriation  not  needed  for  the  purpose 
for  which  it  was  made. 

The  council  shall  have  power  to  enact  and  provide  for  the 
enforcement  of  all  ordinances  necessary  to  protect  life,  health 
and  property,  to  declare,  prevent  and  summarily  abate  and  re- 
move nuisances;  to  preserve  and  enforce  the  good  government, 
general  welfare,  order  and  security  of  the  city  and  county  and 
the  inhabitants  thereof;  to  enforce  ordinances  and  regulations 
by  ordaining  fines  not  exceeding  three  hundred  dollars  or  impris- 
onment not  exceeding  ninety  (90)  days,  or  both  fine  and  impris- 
onment for  each  and  every  offense;  the  council,  or  a  committee 
thereof  duly  authorized  by  it,  shall  have  power  to  investigate  any 
department  of  the  city  and  county  and  the  official  acts  and  con- 
duct of  any  officer  thereof,  and  may  compel  the  attendance  and 
testimony  of  witnesses  and  the  production  of  books  and  docu- 
ments. No  enumeration  of  particular  powers  granted  to  the 
council  shall  be  construed  to  impair  any  general  grant  of  power 
herein  contained,  nor  to  limit  any  such  grant  to  powers  of  the 
same  class  or  classes  as  those  so  enumerated. 

Amendment  of  Bills. 

Section  IS.  If  a  bill  shall  be  amended  and  passed  by  either 
board  other  than  the  board  in  which  the  same  originated,  it  shall 
be  returned  with  the  amendments  to  the  board  in  which  the  same 
originated;  and  the  vote  shall  be  taken  upon  the  bill  as  amended, 
but  no  further  amendments  shall  be  made  to  such  bill  after  such 
return.  All  amendments  adopted  by  either  board  to  any  bill  or 
resolution  shall  be  incorporated  with  the  original  bilj  or  resolu- 
tion by  engrossment,  and  re-read  in  full  before  final  passage;  and 
no  bill  shall  become  an  ordinance,  nor  shall  any  resolution  take 
effect,  unless  signed  by  the  president  or  by  the  president  pro  tem. 
of  each  board. 

Special  Meetings. 

Section  19.  The  mayor  may  call  special  meetings  of  either 
board  of  the  council,  and  upon  written  application  of  a  majority 
of  the  members  of  either  board,  shall  call  special  meetings  of 
such  board,  by  causing  twenty-four  (24)  hours'  notice  in  writing 
to  be  served  upon  the  members  thereof;  and  a  copy  of  the  notice 
thus  served  shall  be  entered  upon  the  journal.  The  notice  shall 
state  the  objects  for  which  the  meeting  is  called;  and  the  busi- 
ness of  such  meetings  shall  be  confined  to  the  objects  so  stated. 
Service  of  such  notice  may  be  made  by  delivering  a  copy  person- 
ally to  each  member,  or  by  leaving  a  copy  thereof  at  his  usual 
place  of  residence  with  a  member  of  his  family  over  the  age  of 
fifteen  (15)  years.  Service  may  be  made  by  any  police  officer  of 
the  city  and  county  and  his  return  thereon  shall  be  prima  facie 
evidence  of  service,  as  therein  set  forth;  but  such  special  meet- 
ings of  the  two  boards  shall  not  be  held  on  the  same  dav. 


29 

INITIATIVE^    REFERENDUM    AND    RECALL. 

Oeneral  Provisions. 

Sectiou  20.  Any  measure,  charter  amendment,  or  proposal 
for  a  charter  convention,  may  be  submitted  to  a  vote  of  the  quali- 
fied electors  in  the  manner  provided  by  the  constitution.  Nothing 
in  this  section  shall  apply  to  the  provisions  contained  in  this 
eharter  regarding  the  initiative  and  referendum  concerning  ordi 
nances. 

Eeferendum — Ordinance  Take  Effect  After  30  Days — Petitions — 
Special  Election. 

Section  21.  Xo  ordinance  passed  by  the  council  shall  take 
effect  before  thirty  days  after  its  final  passage  and  publication, 
except  an  ordinance  calling  a  special  election  or  necessaiT  to  the 
immediate  preservation  of  the  public  health  or  public  safety.  If 
within  said  thirty  days  a  petition  sigTied  by  qualified  electors 
equal  in  number  to  at  least  fifteen  per  cent  of  the  last  preceding 
vote  for  mayor  shall  be  filed  protesting  against  such  ordinance 
or  any  part  thereof  taking  effect,  such  ordinance  or  such  part 
thereof  so  protested  against  shall  thereupon  and  thereby  be 
suspended  from  taking  effect  and  the  council  shall  immediately 
reconsider  the  same,  and  if  the  same  be  not  repealed  the  council 
shall  forthwith  publish  the  same,  as  other  ordinances  are  pub- 
lished, if  no  publication  has  theretofore  been  made,  and  shall  sub- 
mit the  same  to  a  vote  of  the  qualified  electors  at  the  next  general 
municipal  election  not  held  within  thirty  days  after  such  petition 
is  tiled,  or  at  a  special  election  to  be  called  thereafter  by  the 
eouncil  for  that  purpose,  and  such  ordinance  or  part  thereof  shall 
not  take  effect  unless  a  majority  of  the  qualified  electors  voting 
thereon  at  such  election  shall  vote  in  favor  thereof.  If  such  peti- 
tion shall  be  signed  by  qualified  electors  equal  in  number  to  at 
least  five  per  cent,  but  less  than  fifteen  per  cent  of  the  last  pre- 
ceding vote  for  mayor,  the  council  shall  submit  such  ordinance  or 
part  thereof  ;to  a  vote  of  the  qualified  electors  at  the  next  en- 
suing general  municipal  election  not  held  within  thirty  days 
after  such  petition  is  filed.  The  council  may  on  its  own  motion 
submit  at  a  general  or  special  municipal  election  any  ordinance 
passed  hy  it  in  the  same  manner  and  with  the  same  force  and 
effect  as  hereinabove  provided,  but  without  any  petition  being 
required  therefor.  No  ordinance  defeated  by  a  vote  of  the  people 
shall  be  re-enacted  Or  passed  by  the  council.  Any  provision  of 
the  charter  in  conflict  herewith  is  hereby  repealed. 

(As  amended  May  17,  1910.) 

Initiative — Petition — General  or  Special  Election — Publication — 

Not  Repealed  by  Council. 

Section  22'.  Any  projtosed  ordinance  may  be  submitted  to 
the  council  by  petition  therefor  of  qualified  electors  equal  in 
number  to  at  least  five  per  cent,  of  the  last  preceding  vote  for 
mayor,  and  such  proposed    ordinance    shall    be   passed    without 


30 

alteration  by  the  council,  and  if  vetoed  by  the  mayor  shall  be 
passed  over  his  veto,  within  thirty  days  after  such  petition  is 
filed,  or  the  council  shall  refer  such  proposed  ordinance  to  the 
qualified  electors  at  the  next  municipal  election  held  not  less  than 
sixt}'  days  after  such  petition  is  filed.  If  such  petition  contain 
a  retjuest  for  a  special  election  and  is  signed  by  qualified  electors 
equal  in  number  to  at  least  fifteen  per  cent,  of  the  last  preceding 
vote  for  mayor,  the  ordinance  thereby  proposed  shall  be  passed 
by  the  council  without  amendment  or  change,  and  if  vetoed  b}' 
the  mayor,  shall  be  passed  over  his  veto,  within  thirty  days  after 
such  petition  is  filed,  or  the  council  shall  refer  such  proposed 
ordinance  to  the  qualified  electors  at  a  special  election  which 
shall  be  called  within  said  thirty  days  and  held  not  less  than 
sixty,  nor  more  than  ninety  days  after  such  petition  is  filed, 
unless  a  general  or  special  election  is  held  within  said  period  of 
time,  in  which  case  such  proposed  ordinance  shall  be  submitted 
to  a  vote  at  such  election.  The  council  shall  cause  such  proposed 
ordinance  to  be  published  in  some  daily  newspaper  of  general 
circulation  once  each  week  until  such  election  is  held.  No  ordi- 
nance adopted  by  vote  of  the  people  shall  be  repealed  or  amended 
by  the  council.  Any  provision  of  the  charter  in  conflict  herewith 
is  hereby  repealed. 

(As  amended  May  17,  1910.) 

Procedure — Ballot — Adoption — Inconsistent  Measures — Election 
— Registration, 

»-5ection  22-a.  The  general  ballot  used  at  any  such  election 
shall  have  printed  on  it  the  title  of  each  ordinance  submitted 
and  on  separate  lines  under  said  title  the  words  ''For  said  Ordi- 
nance" and  "Against  said  Ordinance"  (or  pari  thereof,  as  the 
case  may  be).  If  a  majority  of  the  qualified  electors  voting  on 
any  proposed  ordinance  or  part  thereof  shall  vote  in  favor  thereof 
the  same  shall  thereupon  become  and  be  in  full  force  and  effect. 
If  two  or  more  proposed  ordinances  or  parts  thereof  adopted 
or  approved  at  the  same  election  are  inconsistent  then  the  re- 
spective ordinance  or  part  receiving  the  largest  affirmative  vote 
shall  prevail,  and  the  form  of  submission  of  inconsistent  ordi- 
nances or  parts  thereof  shall  be  such  that  the  voters  may  clearly 
express  their  choice.  Such  election  shall  be  held  and  the  returns 
forthwith  canvassed,  certified  and  published  as  in  other  elections 
For  all  special  elections  at  which  any  measure,  charter  amend- 
ment or  proposal  for  a  charter  convention  shall  be  submitted,  all 
those  acts  as  ta  registration  required  by  the  statute  to  be  per- 
formed between  the  forty -fifth  and  the  twenty-fifth  days  before 
such  election  shall  be  done  and  completed  between  the  thirtieth 
and  the  tAventy-fifth  days  before  such  election.  Any  provision  of 
the  charter  in  conflict  herewith  is  hereby  repealed. 

(New  section  adopted  May  17,  1910.) 


31 

Recall  —  Petition  —  Grounds  —  Special  Election  —  Candidates  and 
Nominations — Who  Elected. 

Section  22-b.  Any  elective  officer  is  subject  to  recall  as  here- 
in provided  and  may  be  removed  from,  office  bA^  a  petition  of  the 
electors  and  an  election  held  thereunder,  but  no  person  shall  be 
so  removed  from  office  within  six  months  after  his  election  there- 
to. The  petition  shall  name  the  officer  to  be  removed  and  be 
signed  by  qualified  electors  equal  in  number  to  at  least  twenty- 
five  per  cent,  of  the  vote  cast,  in  the  city,  district,  or  ward,  as  the 
case  may  be,  for  all  candidates  for  such  office  at  the  election  at 
which  such  officer  was  elected,  and  shall  contain  a  statement  of 
the  grounds  upon  which  it  is  sought  to  remove  him.  The  council 
shall,  within  thirty  days  after  such  petition  is  filed,  call  an  elec- 
tion to  be  held  not  less  than  sixty  nor  more  than  ninety  days 
after  such  petition  is  filed,  unless  a  general  or  special  election 
is  held  within  said  ninety  days  and  not  less  than  thirty  days  after 
the  filing  of  such  petition,  in  which  case  the  recall  shall  be  sub- 
mitted at  such  election.  The  name  of  the  official  sought  to  be 
recalled  shall  be  printed  as  a  candidate  on  the  official  ballot  at 
such  election,  unless  he  decline  in  wanting.  Other  nominations 
may  be  made  as  at  a  regular  election.  Should  the  incumbent 
fail  to  receive  the  greatest  number  of  votes  or  decline  to  be  a 
candidate  he  shall  thereby  be  forthwith  removed  from  office, 
and  the  candidate  receiving  the  greatest  number  of  votes  at  said 
election  shall  qualify  and  hold  such  office.  Any  provision  of  the 
charter  in  conflict  herewith  is  hereby  repealed. 

(New  section  adopted  May  17,  1910.) 

Petitions  —  Form  —  Filed  With  City  Clerk  and  Transmitted  to 
Election  Commission — Protest  —  Sufficient  and  Insufficient 
Petitions — Findings — Submission. 

Section  23.  The  signatures  to  petitions  need  not  be  on  one 
paper.  The  circulator  of  each  such  paper,  which  may  consist  of 
one  or  more  sheets,  shall  make  an  affidavit  thereto  that  each  sig- 
nature thereon  is  the  signature  of  the  person  w^hose  name  it  pur- 
ports to  be.  The  residence  address  of  each  signer  shall  accom- 
pany the  signature.  All  petitions  under  the  six  preceding  sec- 
tions shall  be  filed  with  the  clerk  of  the  council  and  by  him 
forthwith  transmitted  to  the  election  commission,  and  all  peti- 
tions shall  be  deemed  and  held  to  be  sufficient  if  they  appear  to 
be  signed  by  the  rec^uisite  number  of  signers  and  such  signers 
shall  be  deemed  and  held  to  be  qualified  electors  unless  a  protest 
in  writing,  under  oath,  shall  be  filed  with  the  election  commis- 
sion by  some  (pialified  elector  within  five  days  after  such  petition 
is  filed  setting  forth  the  name  of  each  signer  protested  against  and 
the  ground  of  such  protest.  Whereupon  the  election  commission 
shall  as  soon  as  i)Ossible  and  within  twenty-four  hours  mail  a 
notice  to  each  signer  so  protested  against  at  his  address  given 
in  the  petition  requiring  such  signer  to  be  and  appear  before  said 
commission  at  a  time  fixed  in  said  notice,  not  less  than  twenty- 


32 

four  hoiii-s  nor  more  than  forty -eight  hours  after  the  mailing  of 
such  notice  and  to  defend  against  the  evidence,  if  any,  produced 
by  protestant.  If  any  signer  so  notified  shall  fail  to  appear  and 
satisfactory  evidence  is  given  against  his  qualifications  as  such 
signer,  his  name  shall  be  sti'icken  from  the  petition.  All  evidence 
shall  be  under  oath  and  any  signer  present  at  the  hearing  may 
be  called  as  a  witness  by  protestant  or  testify  in  his  own  behalf. 
All  hearings  shall  be  summary  and  not  subject  to  delay  and  shall 
be  concluded  within  fifteen  days  after  such  petition  is  filed.  The 
commission  shall  forthwith  certify  the  result  of  its  examination 
to  the  clerk  of  the  City  and  County  of  Denver  and  serve  a  copy 
of  such  certificate  upon  the  person  or  persons  named  in  the  peti- 
tion as  representing  the  signers  thereof.  In  case  the  jjetition  is 
insufiicient  it  may  be  withdrawn  by  the  person  or  persons  named 
therein  as  representing  the  signers  and  may,  within  fifteen  days 
thereafter  be  amended  and  refiled  as  an  original  petition.  When 
the  petition  contains  a  suffieient  number  of  signatures  the  com- 
mission shall  forthwith  file  the  same  with  said  clerk,  Avho  shall 
forthwith  transmit  the  same  to  the  council,  which  shall  call  an 
election  as  provided  in  the  preceding  sections.  The  finding  of 
the  election  commission  as  to  the  suflficiency  of  any  petition 
shall  not  prevent  the  same  being  reviewed  by  any  state  court  of 
general  jurisdiction  upon  petition  of  the  person  or  persons  rep- 
I'esenting  or  signing  such  petition.  All  petitions  filed  by  the  elec- 
tion commission  in  the  clerk's  office  shall  remain  there  and  shall 
be  public  records.  When  any  petition  contains  a  form  of  sub 
mission  of  the  measure  or  amendment  or  odinance  petitioned 
for  and  such  form  is  a  reasonably  fair  description  thereof  the 
same  shall  be  certified  by  the  election  commission  and  placed  on 
the  ballot  and  no  petition  filed  subsequently  shall  be  permitted 
to  use  any  form  of  submission  that  is  so  similar  to  the  one  pre- 
viously filed  as  to  tend  to  confuse  the  voter,  and  in  case  of  such 
conflict  the  persons  representing  the  subsequent  petition  may 
file  a  form  of  submission  which  shall  be  certified  by  the  election 
commission  and  placed  upon  the  ballot,  provided  the  same  shall 
fairly  describe  the  measure,  amendment  or  ordinance  petitioned 
for  and  not  be  in  conflict  with  any  prior  forms  of  submission  nor 
tend  to  confuse  the  voter.  Any  provision  of  the  charter  in  con- 
flict herewith  is  hereby  repealed. 
(As  amended  May  17,  1910.) 

ARTICLE  III. 

EXECUTIVE  DEPARTMENT. 

Executive  Officers. 

Section  24.  The  executive  power  of  the  city  and  county  shall 
be  vested  in  a  mayor,  sheriff,  treasurer,  auditor,  attorney,'  clerk^ 
assessor,  recorder,  coroner,  county  superintendent  of  schools,  and 
in  the  departments  and  commissions  herein  created. 


33 

MAYOR. 

Mayor — Chief  Executive — Messages  to  Council — Remit  Fines. 

Section  25.  The  major  shall  be  the  chief  executive,  and  en- 
force all  laws  and  ordinances.  He  shall  from  time  to  time  give 
the  council  information  of  the  condition  of  the  city  and  county 
and  recommend  such  measures  as  he  may  deem  expedient..  He 
may  remit  fines  and  penalties  imposed  for  the  violation  of  any 
ordinance,  and  shall  report  such  remissions  to  the  council  at  its 
next  meeting,  with  his  reasons. 

Reports  to  Mayor. 

Section  26.  The  mayor  shall  see  that  all  contracts  and  agree- 
ments with  the  city  and  county  are  faithfully  kept  and  fully  per- 
formed. The  head  of  every  department  and  commission  shall  re- 
port to  the  mayor  all  facts  and  information  coming  to  his  knowl- 
edge concerning  the  violation  of  any  contract  or  agreement  with 
the  city  and  county. 

Posse  Comitatus. 

Section  27.  The  mayor  may  call  upon  every  male  inhabitant 
over  the  age  of  eighteen  years  to  aid  in  enforcing  the  laws  and 
ordinances,  in  preventing  and  extinguishing  fires  and  in  pre- 
serving the  public  peace  and  safety.  Any  person  who  shall  refuse 
or  wilfully  neglect  to  obey  such  call  shall  be  subject  to  a  fine  of 
not  more  than  three  hundred  dollars. 

Acting  Mayor. 

Section  28.  When  the  mayor  is  unable  for  any  cause  to  per- 
form the  duties  of  his  office,  the  president  of  the  board  of  super- 
visors shall  be  the  acting  mayor;  and  when  both  the  mayor  and 
the  president  of  the  board  of  supervisors  are  for  auj'  cause  unable 
to  perform  the  duties  of  said  office,  the  president  of  the  board  of 
aldermen  shall  be  the  acting  mayor;  and  in  case  of  death,  resig- 
nation or  removal  of  the  mayor,  the  president  of  the  board  of 
supervisors  shall  become  mayor,  and  the  board  of  supervisors  by 
ballot  shall  elect  one  of  its  remaining  number  as  president,  who 
shall  hold  such  position  for  the  unexpired  term  and  until  his 
successor  is  elected. 

No  ordinance  or  resolution  shall  be  approved  or  vetoed  by  the 
acting  mayor  until  the  last  day  when  the  same  could  be  approved 
or  vetoed  by  the  mayor,  nor  shall  any  appointment  to  office  be 
made  by  such  acting  mayor. 

Bonds,  Contracts,  Etc.,  Signed  by  Mayor — Attested  by  Clerk. 

Section  29.  All  bonds,  contracts  or  other  instruments  of 
writing,  requiring  the  assent  of  the  city  and  county,  shall  be 
subscribed  hy  the  mayor,  or  acting  mayor,  as  the  case  may  be, 
under  the  seal  of  the  city  and  county,  and  attested  by  the  clerk. 
All  legal  i)rocess  against  the  city  and  county  shall  be  served  upon 
the  mavor  or  acting  ma^'or. 


84 

Offices — When  Open. 

Sectiou  30.  The  city  and  county  offices  shall  be  in  the  public 
buildings  of  the  city  and  county,  and  shall  be  open  from  9  a.  m. 
until  5  p.  m.,  Sundays  and  legal  holidays  excepted. 

Vacancies — How  Filled. 

Section  ol.  Whenever  a  vacancy  shall  occur  in  any  ap- 
pointive office,  the  same  may  be  filled  by  the  mayor,  appointing 
board,  commissioners  or  officers,  as  in  the  case  of  an  original  ap- 
pointment, with  the  same  power  of  suspension  or  removal ;  when- 
ever a  vacancy  shall  occur  in  either  board  of  the  council,  the 
same  shall  be  filled  by  the  mayor,  by  and  with  the  consent  of 
the  same  board.  Whenever  a  vacancy  shall  occur  in  any  elective 
office,  other  than  that  of  a  member  of  the  council,  the  same  may 
be  filled  for  the  remainder  of  the  term  by  the  mayor,  by  and  with 
the  consent  of  the  board  of  supervisors. 

Rules  of  Departments — How  Established. 

Section  32.  Heads  of  the  departments  shall  make  rules  and 
regulations,  not  inconsistent  with  the  charter  and  ordinances 
of  the  city  and  county,  for  the  government  of  their  departments, 
and  enforce  the  same,  and  from  time  to  time  shall  meet  with  the 
mayor  and  confer  on  matters  of  general  importance  to  the  busi- 
ness of  the  city  and  county. 

Bureau  of  Street  Sprinkling. 

There  shall  be  a  bureau  of  street  sprinkling  which  shall  be 
under  the  control  of  the  mayor.  The  mayor  shall  appoint  a 
superintendent  of  the  bureau,  who,  within  the  appropriation  for 
street  sprinkling,  may  employ  such  employes  as  may  be  neces- 
sary to  transact  the  business  of  the  bureau.  The  term  of  office  of 
the  superinted^dent  shall  be  four  (4)  years. 

ATTORNEY. 

General  Duties. 

Section  33.  The  department  of  law  shall  be  in  the  control 
of  the  attorney  for  the  city  and  county.  He  shall  be  the  legal 
adviser  of  the  mayor,  council  and  heads  of  departments,  and 
conduct  all  cases  in  court  wherein  the  city  and  county,  or  any 
officer  thereof  in  his  official  capacity,  is  a  party  or  interested 
in  any  manner.  He  shall  prepare  alf  contracts,  bonds  and  other 
instruments  to  which  the  city  and  county  or  any  officer,  board 
or  commission  thereof  is  officially  a  party.  He  shall^also  per- 
form such  additional  duties  as  are  imposed  on  county  attorneys 
by  the  general  statutes  of  the  state. 

All  bills  for  ordinances  for  franchises  of  any  kind,  for  licen- 
ses and  concerning  taxation,  shall  be  referred"^  to  him  for  his 
opinion,  and  within  five  days  he  shall  return  the  same  to  the 
council  with  a  written  opinion  thereon.  W'hen  directed  by  the 
mayor  in  writing,  or  by  the  council,  he  shall  institute  anv  suit, 


35 

action  or  proceeding,  upon  behalf  of  the  city  and  county  or  any 
board,  commission  or  officer  thereof. 

Dockets  and  Records. 

Section  34.  The  attorney  shall  keep  office  dockets  of  cases, 
properly  indexed  and  numbered,  and  record  therein  all  pro- 
ceedings in  such  cases,  keep  files  of  all  cases,  except  those  for 
violation  of  ordinances  in  the  justice  courts,  containing  copies 
of  papers  filed  therein,  preserve,  index  and  bind  records  and 
printed  briefs  in  the  appellate  courts  in  cases  in  which  the  city 
and  county  is  a  party  in  interest,  all  briefs  prepared  by  him,  all 
written  opinions  and  official  correspondence,  and  secure,  index, 
bind  and  preserve  copies  of  all  written  opinions  rendered  in  the 
city  and  county  cases  in  nisi  prius  courts.  All  such  dockets, 
files  and  papers  shall  be  the  property  of  the  city  and  county, 
and  shall  be  delivered  by  the  attorney  to  his  successor  in  office. 

Reports — Annually. 

Section  35.  On  or  before  the  first  day  of  February  of  each 
year  the  attorney  shall  make  a  report  covering  the  last  fiscal  year, 
showing  all  suits  commenced  and  pending  in  courts  of  record,  the 
docket  number  and  title,  the  demand  or  relief  sought,  and,  if 
final  judgment  has  been  rendered,  the  amount  or  nature  thereof, 
whether  an  appeal  has  been  taken,  and  where  the  city  and  county 
has  sought  affirmative  relief  and  the  determination  thereof  has 
been  delayed,  the  reasons  therefor,  the  amount  of  judgments  for 
and  against  the  city  and  county,  the  amount  of  fines  imposed,  and 
such  other  information  as  may  be  required  by  the  mayor  or 
council. 

Assistants. 

Section  36.  The  attorney  may  employ  a  first,  second  and 
third  assistant  and  a  stenographer.  The  council  may,  by  ordi- 
nance, authorize  the  attorney  to  employ  a  police  officer  as  an  as- 
sistant, under  his  direction,  to  investigate  the  facts  in  actions 
brought  for  or  against  the  city  and  county  or  its  officers. 

Whenever  emergency  of  litigation  for  or  against  the  city  and 
county  shall,  in  his  opinion,  require  it,  the  attorney,  with  the 
advice  and  consent  of  the  mayor,  shall  employ  special  counsel  to 
assist  the  attorney.  The  compensation  of  such  counsel  shall  be 
paid  out  of  the  appropriation  for  the  department  of  law. 

CLERK. 

General  Duties. 

Section  37.  The  clerk,  or  a  deputy,  shall  attend  all  meetings 
of  the  council,  and  keep  a  record  of  the  proceedings;  shall  have 
the  custody  of  the  seal  of  the  city  and  county,  the  original  rolls 
of  ordinances,  original  contracts,  title  deeds  to  public  property, 
all  official  indemnity  or  securitj'  bonds,  except  his  own  bond, 
which  shall  be  filed  and  placed  in  the  custody  of  the  auditor,  and 


36 

other  records,  papers  aud  documents  not  required  to  be  deposited 
with  any  other  officer. 

He  shall  attest  all  public  instruments  and  official  acts  of  the 
mayor,  or  acting  ma3'or,  and  all  instruments  requiring  the  seal 
of  the  city  and  county,  hy  his  signature  and  the  seal  of  the  city 
and  county ;  and  shall  also  certify  under  his  hand  and  the  seal  of 
the  cit}'  and  county  all  copies  of  such  original  documents,  records 
and  papers  in  his  office  as  may  be  required  by  any  officer  or  per- 
son, and  shall  charge  therefor  such  fees,  for  the  use  of  the  city 
and  county,  as  may  be  provided  by  general  law  or  b}^  ordinance. 

The  clerk  shall  perform  such  other  duties,  not  inconsistent 
with  the  duties  imposed  by  the  charter,  as  the  council  may  by 
ordinance  direct. 

He  shall  appoint  a  deputy,  who  shall  have  power  to  perform 
the  duties  of  the  clerk,  and  may  also  employ  such  other  assist- 
ants within  his  appi'opriation  as  are  now  or  hereafter  may  be 
authorized  by  ordinance. 

On  or  before  the  fifth  day  of  each  month  the  clerk  shall  make 
a  full  and  complete  report  of  the  business  and  receipts  of  his 
office  during  the  preceding  month,  which  shall  be  executed  in  tri- 
plicate, one  copy  thereof  delivered  to  the  treasurer,  one  to  the 
auditor  and  one  to  the  mayor. 

Certified  Copies  of  Records — Evidence. 

Section  38.  Copies  of  all  papers  filed  in  the  office  of  the 
clerk,  and  transcripts  of  the  records  of  the  council,  and  any  record 
in  the  office  of  the  clerk,  duly  certified  by  him,  under  the  cor- 
porate seal  of  the  city  and  county,  shall  be  received  as  evidence 
in  all  courts  of  this  state. 

SEAL. 

Provided  by  Ordinance. 

Section  39.  The  council  shall  provide  by  ordinance  for  an 
appropriate  seal  for  the  city  and  county. 

RECORDER. 

General  Duties. 

Section  40.  The  recorder  is  hereby  designated  as  the  officer 
who  shall  perform  the  acts  and  duties  now  required  or  that  may 
be  hereafter  required,  to  be  performed  under  and  by  the  consti- 
tution and  general  laws  of  the  state  by  the  ex-offlcio  recorder  of 
deeds,  together  with  such  other  acts  and  duties  as  may  be  pro- 
vided by  the  charter  and  ordinances.  He  shall  have  custody  of 
and  safely  keep  and  preserve  all  the  books,  records,  deeds,  maps 
and  papers  deposited  or  kept  in  his  office  and  transmit  the  same 
to  his  successor. 

Reports — Monthly. 

Section  41.  On  or  before  the  fifth  day  of  each  month  the 
recorder  shall  make  a  full  and  complete  report  of  the  business 
and  receipts  of  his  office  during  the  preceding  month,  which  shall 


37 

be  executed  in  triplicate,  and  one  copy  thereof  delivered  to  the 
treasurer,  one  to  the  auditor  and  one  to  the  clerk. 

SHERIFF. 

General  Duties. 

Section  42.  The  sheriff  is  hereby  designated  as  the  officer 
who  shall  perform  the  acts  and  duties,  and  appoint  an  under- 
sheriff  and  deputies,  as  now  required  or  that  may  hereafter  be  re- 
quired of  sheriff's  under  and  by  the  constitution  and  the  general 
laws  of  the  state,  and  he  shall  be  subject  to  all  liabilities  pro- 
vided thereby.  He  shall  perform  such  other  acts  and  duties  as 
may  be  provided  by  the  charter  and  ordinances. 

Reports — Monthly. 

Section  43.  On  or  before  the  fifth  day  of  each  month  the 
sheriff  shall  make  a  full  and  complete  report  of  the  business  and 
receipts  of  his  office  during  the  preceding  month,  which  shall  be 
executed  in  triplicate,  and  one  copy  thereof  delivered  to  the 
treasurer,  one  to  the  auditor  and  one  to  the  clerk. 

CORONER. 

General  Duties. 

Section  44.  The  coroner  shall  perform  the  duties  of  the  office 
of  coroner  as  prescribed  by  the  general  laws  of  the  state,  and 
such  other  duties  not  inconsistent  with  such  laws  as  the  council 
may,  b}'  ordinance,  require. 

COUNTY    StTPERINTENDENT   OF    SCHOOLS. 

General  Duties. 

Section  45.  There  shall  be  a  county  superintendent  of 
schools,  who  shall  perform  such  duties  as  are  prescribed  by  the 
general  laws  of  the  state  to  be  performed  by  county  superintend- 
ents of  schools,  and  who  shall  perform  such  other  duties,  not  in- 
consistent with  the  general  laws  of  the  state,  as  may  be  pre- 
scribed by  ordinance. 

ASSESSOR. 

General  Duties. 

Section  46.  The  assessor  shall  assess  all  taxable  property 
within  the  city  and  county  at  the  time  and  in  the  manner  pi'e- 
scribed  by  the  general  laws  of  the  state  and  provisions  of  this 
charter,  and  shall  perform  such  other  duties  not  inconsistent 
with  such  laws  and  the  provisions  of  this  charter  as  the  council 
may  by  ordinance  require. 

AUDITOR. 

General  Duties. 

Section  47.  The  auditor  shall  be  the  general  accountant  of 
the  city  and  county.  He  shall  receive  and  preserve  in  his  office 
all  accounts,  books,  vouchers,  documents  and  papers  relating  to 
the  accounts  and  contracts  of  the  city  and  county,  its  debts,  rev- 
enues and  other  fiscal  affairs  not  required  to  be  kept  by  the  clerk, 


38 

and  except  as  otherwise  provided  in  this  charter,  or  by  ordi- 
nance, prescribe  the  mode  of  keeping,  dating  and  rendering  all 
accounts.  He  shall  provide  and  keep  in  his  office  tables  of  the 
finances,  assets  and  liabilities  of  the  city  and  county,  and  keep 
all  contracts,  names  of  contractors,  and  names  of  employes  in 
such  manner  as  to  show  the  department  in  which  they  are  em- 
ployed, their  respective  salaries,  powers,  duties  and  how  ap- 
pointed. He  shall  require  all  claims,  settlements,  returns,  and 
reports  made  to  him  to  be  verified.  He  shall  give  information 
as  to  the  exact  condition  of  the  treasury,  and  of  every  appropria- 
tion and  fund  thereof,  upon  demand  of  the  mayor,  council  or 
any  committee  thereof. 

He  shall  sign  all  warrants,  countersign  and  register  all  con- 
tracts, keep  a  true  and  accurate  account  of  the  revenues,  receipts 
and  expenditures  of  the  city  and  county,  and  each  of  the  differ- 
ent funds  thereof,  furnishing  to  each  depaTtment  weekly  a  state- 
ment of  the  unexpended  appropriation  of  that  department ;  see 
that  rules  and  regulations  are  prescribed  and  observed  in  rela- 
tion to  accounts,  settlements  and  reports;  that  no  appropriation 
of  funds  is  overdrawn  or  misapplied,  and  that  no  liability  is  in- 
curred, money  disbursed  or  the  property  of  the  city  and  county 
disposed  of  contrary  to  law  or  ordinance,  and  shall  perform  such 
other  duties  not  inconsistent  with  the  provisions  of  this  charter, 
as  the  council  may  by  ordinance  require. 

He  shall  keep  an  official  record  of  all  demands  audited  by 
him  showing  the  number,  date,  amount,  name  of  the  original 
holder,  on  what  account  allowed,  against  what  appropriation 
drawn,  out  of  what  fund  payable,  and  by  what  officer  or  depart- 
ment previously  approved;  and  he  shall  allow  no  demand  unless 
the  same  has  been  approved  by  every  department,  commission 
or  officer  required  to  act  thereon. 

He  shall  keep  a  register  of  warrants  showing  the  funds 
upon  which  they  are  drawn,  the  number,  in  whose  favor,  for  what 
services,  and  the  appropriation  applicable  to  the  payment 
thereof. 

Demands — How  Audited. 

Section  48.  Every  demand  upon  the  treasurer,  except  the 
salaries  of  the  auditor  and  his  employes,  shall  before  payment, 
be  presented  to  the  auditor,  who  shall  determine  that  the  money 
is  legally  due,  its  payment  authorized  by  law,  against  what  ap- 
propriation and  out  of  what  fund  it  is  payable.  If  he  allow  it, 
he  shall  endorse  upon  it  the  word  "allowed,"  with  the  name  of 
the  fund  out  of  which  it  is  payable,  the  date  of  allowance,  and 
sign  his  name  thereto;  if  he  does  not  allow  it,  he  shall  endoi-se 
upon  it  the  word  "rejected."  No  demand  shall  be  approved  or 
paid  unless  presented  as  required  by  this  charter. 


39 

Bonds,  Warrants,  Etc. — Cancellation  of. 

Section  49.  When  bonds,  coupons  or  warrants  are  paid  and 
redeemed,  and  such  payment  reported  to  the  council,  the  auditor 
shall  certify  the  same  with  the  numbers  and  amounts  thereof  to 
the  maytr,  whereupon  the  mayor,  clerk  and  auditor  shall  exam- 
ine such  evidences  of  indebtedness,  and  if  found  to  be  genuine 
and  correct  shall  make  an  abstract  thereof,  mark  them,  ''can- 
celed," and  deposit  them  with  the  clerk,  certifying  the  same  to 
the  council,  which  certification  shall  be  spread  at  length  upon 
the  journal. 

Reports — June  30th  and  January  15th. 

Section  50.  The  auditor  shall  make  a  verified  statement  to 
the  council  showing  receipts  and  disbursements  and  the  condi- 
tion of  each  fund  at  the  close  of  business  on  June  thirtieth,  and 
shall  also  make  and  transmit  to  the  council  on  or  before  January 
fifteenth  a  verified  report  of  the  financial  transactions  of  the 
city  and  count}^  during  the  preceding  fiscal  year. 

TREASURER. 

General  Duties. 

Section  51.  The  treasurer  shall  receive,  receipt  for  and  keep 
the  mone}^  of  the  city  and  county  and  pay  out  the  same  only  on 
warrants  as  herein  provided. 

Duplicate  Receipts. 

Section  52.  The  treasurer,  on  receiving  any  money,  except 
for  taxes  and  assessments,  shall  make  duplicate  receipts  there 
for,  upon  the  face  of  one  of  which  shall  appear  the  word  "orig- 
inal," and  upon  the  face  of  the  other  the  word  "duplicate;"  they 
shall  be  numbered,  dated,  specify  the  amount,  on  what  account, 
from  whom  received  and  into  what  fund  or  on  what  account  paid. 
He  shall  enter  upon  the  stub  of  such  receipt  a  memorandum  of 
the  contents  thereof,  and  deliver  the  receipt  marked  "original" 
to  the  i)ayor  and  that  marked  "duplicate"  to  the  auditor,  who 
shall  stamp  thereon  the  date  of  its  delivery  to  him,  charge  the 
treasury  with  the  amount  and  file  the  receipt  in  his  office. 

Accounts  With  the  Several  Funds. 

Section  53.  He  shall  keep  an  account  with  each  fund,  spe- 
cial or  general,  and  when  a  warrant  is  drawn  on  any  particular 
fund  it  shall  be  paid  out  of  that  fund  only. 

Warrants. 

Section  54.  No  money  shall  be  paid  out  by  the  treasurer 
for  any  purpose  except  upon  warrants  drawn  upon  him  by  the 
auditor  unless  otherwise  provided  by  this  charter.  Each  warrant 
shall  be  registered  by  the  auditor,  countersigned  by  the  head  of 
the  department  or  clerk  of  the  court,  respectively,  under  whom 
the  claim  or  demand  covered  by  such  warrant  originated.  Each 
warrant  shall  show  on  its  face  the  date  of  its  issue,  the  date  of 
the  order  of  the  council  or  such  officer,  to  whom  and  for  what 


40 

purpose  issued,  and  from  what  fund  payable.  Every  warrant 
issued  as  in  this  charter  required,  shall  when  paid  be  canceled 
with  a  punch  cutting  the  word  "canceled"  therein  and  the  proper 
entry  thereof  made.  Provided,  the  treasurer  may  pay  the  inter- 
est and  principal  on  bonded  indebtedness  including  special  im- 
provement bonds  as  the  same  become  due  without  a  warrant  hav- 
ing previously  issued  therefor. 

Reports  to  Auditor — Monthly  and  Annually. 

Section  55.  At  the  beginning  of  each  calendar  month,  the 
treasurer  shall  report  the  transactions  of  his  office  during  the  pre- 
vious month  to  the  auditor,  showing  the  amount  of  money  re- 
ceived, from  what  source,  and  on  what  account,  with  a  list  of 
all  city  and  county  warrants,  bonds  and  orders  which  have  been 
redeemed  by  him,  or  paid  into  the  treasury  as  money  due  the  city 
and  county,  which,  warrants,  bonds,  and  orders  shall  accompany 
his  reports  for  cancellation,  which  report  shall  be  audited  by  the 
auditor  and  certified  by  him  to  the  council.  The  treasurer  shall 
also  make  an  annual  report  of  the  transactions  of  his  office  on 
or  before  the  second  Monday  in  January-,  and  from  time  to  time 
such  other  reports  as  may  be  required  by  the  council.  If  the 
treasurer  shall  fail  to  report  as  provided  by  this  section,  he  shall 
forfeit  and  pay  to  the  city  and  county  the  sum  of  five  hundred 
(|500)   dollars  for  every  such  failure. 

Reports  to  Council — Quarterly. 

Section  5G.  The  treasurer  shall,  on  or  before  the  second 
Monday  in  January,  April,  July  and  October  make  to  the  council 
and  auditor  a  detailed  verified  statement  of  all  his  accounts  and 
the  state  of  each  fund,  which  shall  show  all  moneys  received, 
from  what  source  and  for  what  purpose,  and  of  all  moneys  paid 
out,  and  to  whom  and  for  what  purpose.  A  summary  of  these 
quarterly  reports  shall  be  published  by  the  auditor  with  the  sum- 
mary of  his  annual  report. 

Bond — Surety  Company — Cost  Paid  by  City. 

Section  57.  The  treasurer  shall  give  a  bond  to  the  city  and 
county  with  sufficient  sureties,  which  sureties  shall  be  respon- 
sible surety  companies,  to  be  approved  by  the  mayor  and  council, 
in  the  sum  of  five  hundred  thousand  dollars,  aiad  for  such  ad- 
ditional sum  as  the  mayor  and  council  shall  require,  conditioned 
as  required  by  the  general  statutes  relating  to  bonds  of  county 
treasurers  and  as  may  be  further  required  by  ordinance,  and  for 
paying  over  to  his  successor  in  office  all  such  sums  of  money  be- 
longing to  the  city  and  county  as  shall  be  in  his  hands,  and  to  ac- 
count for  and  turn  over  to  his  successor  all  moneys  deposited 
with  him  for  any  cause  whatsoever,  and  all  city  and  county  prop- 
erty which  may  come  to  his  hands. 

The  cost  of  said  bond  shall  be  borne  by  the  city  and  county, 
to  be  audited,  allowed  and  paid  out  of  the  treasury  as  provided 
for  the  payment  of  other  general  expenses. 


41 

Bank  Depository — Interest  on  Deposits. 

Section  58.  The  treasurer  shall,  with  the  approval  of  the 
mayor  and  auditor,  select  annually,  or  oftener  if  necessary,  one 
or  more  banks  or  banking  institutions  in  the  city  and  county 
which  will  pay  the  highest  interest  for  the  average  current  de- 
posit of  the  city  and  county  funds.  Before  any  such  deposit 
shall  be  made  the  bank  shall  give  a  bond  to  the  city  and  county 
with  such  conditions  and  in  such  sum  as  may  be  determined 
by  the  mayor,  auditor  and  attornej',  but  not  less  than  the  max- 
imum amount  which  shall  be  on  deposit  at  any  time.  The  sure- 
ties shall  be  approved  by  the  mayor,  auditor  and  attorney,  and 
shall  be  other  than  the  surety  on  the  treasurer's  bond.  No 
amount  which  may  be  due  any  depository  on  account  of  any 
evidence  of  the  city  and  county  indebtedness  shall  be  accepted 
by  the  treasurer  as  an  offset  against  his  deposit  with  such  bank. 
A  verified  quarterly  statement  shall  be  made  to  the  mayor  and 
auditor  by  the  president  or  cashier  of  such  bank,  showing  the 
amount  of  interest  paid  or  to  be  paid  by  such  bank  for  the  use 
of  the  city  and  county  funds,  and  upon  failure  to  make  such 
report  after  written  demand  the  bank  shall  for-f'eit  to  the  city 
and  county  the  sum  of  five  hundred  dollars,  and  the  deposit  then 
remaining  in  such  bank  shall  immediately  be  removed  and 
another  bank  or  banks  selected  as  above  provided.  The  surety 
on  such  bond  shall  be  a  responsible  surety  company. 

Other  Duties. 

Section  59.  The  treasurer  shall,  in  addition  to  performing 
the  duties  her-ein  specifically  required,  perform  such  other  duties 
not  inconsistent  with  the  laws  of  the  state  and  this  charter  as 
the  council  may  by  ordinance  require. 

COMMISSIONER  OP   SUPPLIES. 

General  Duties. 

Section  60.  There  shall  be  a  commissioner  of  supplies  ap- 
pointed by  the  mayor  for  a  term  of  four  (4)  years.  He  shall 
have  control  of  the  department  of  supplies.  He  shall  be  custo- 
dian of  public  buildings  and  all  personal  property  not  in  use  by 
the  several  departments.  He  shall  keep  books  showing  purchases 
and  deliveries  to  the  various  departments.  He  shall,  in  Decem- 
ber of  each  j'ear  require  an  inventory  of  the  property  in  use  by 
each  department.  He  shall  be  the  purchasing  agent  of  the  city 
and  county,  and  no  purchase  shall  be  made  nor  liability  created 
.for  supplies  by  any  other  person  in  the  name  of  the  city  and 
county.  He  is  hereby  authorized  to  appoint  a  deputy  commis- 
sioner of  supplies,  who  may  exercise  any  and  all  of  the  powers 
and  duties  of  the  commissioner  of  supplies,  and  such  other  em- 
ployees, within  his  approi)riation  as  may  be  necessary.  Such 
appointments  to  be  approved  by  the  mayor. 


42 

Purchases  Made  on  Requisitions — Bids  for  Supplies,  Etc. 

Section  61.  Purchases  shall  be  made  only  by  the  commis- 
sioner of  supplies  upon  requisition  signed  by  the  head  of  the  de- 
partment requiring  such  supplies,  specifying  the  articles  required. 
The  commissioner  shall  make  monthly  reports  of  purchases,  at 
what  price,  upon  whose  requisition,  and  in  December  of  each 
year  shall  render  to  the  mayor  a  complete  inventory  of  all  citj 
and  county  propert}-,  and  such  I'eports  and  inventories  shall  be 
transmitted  by  the  mayor  to  the  council.  He  shall,  during  the 
month  of  December  in  each  year  advertise  ,in  the  official  paper 
for  at  least  ten  days  for  sealed  proposals  for  furnishing  supplies 
required  by  the  city  and  county  for  the  ensuing  year.  All  bids 
shall  be  made  in  duplicate  and  sealed ;  one  copy  filed  with  the 
commissioner  of  supplies,  and  one  copy  with  the  clerk.  The  right 
is  reserved  to  reject  any  and  all  bids.  At  the  time  specified  in 
the  notice  the  bids  shall  be  opened  by  the  commissioner  in  the 
presence  of  the  mayor  and  auditor,  the  bidders  may  be  present 
and  may  inspect  all  bids.  With  the  approval  of  the  mayor  or 
auditor,  the  commissioner  may  award  to  the  lowest  responsible 
and  reliable  bidder,  contracts  for  furnishing  such  supplies.  The 
contractor  shall  give  bond  approved  by  the  mayor. 

If  during  the  year  supplies  not  included  in  the  annual  con- 
tracts may  be  needed,  advertisements  for  bids  shall  be  made  for 
five  days;  if  impracticable  to  advertise,  sealed  proposals  shall  be 
invited  from  at  least  three  responsible  persons  dealing  in  the 
articles  required,  and  the  bids  shall  be  opened  and  contracts 
awarded  as  hereinbefore  provided. 

Advertising — Daily  Paper — Bids. 

Section  62.  Contracts  for  official  advertising  shall  be  let 
annually  in  like  manner  to  the  lowest  responsible  bidder  pub- 
lishing a  daily  newspaper  of  general  circulation  in  the  city  and 
county  printed  in  the  English  language.  All  bids  may  he  re- 
jected and  again  be  advertised  for,  if  so  determined  by  the  com- 
missioner of  supplies  and  either  the  mayor  or  auditor.  Such  ad- 
vertising shall  include  the  publication  of  all  official  notices,  or- 
dinances and  other  matters  required  to  be  published ;  and  where 
by  this  charter  or  by  ordinance,  any  such  publications  are  re- 
quired to  be  made  in  more  than  one  newspaper,  then  the  official 
paper  shall  be  one  of  the  newspapers  in  which  such  publication 
shall  be  made.  The  commissioner  may  omit  from  the  contract 
the  publication  of  the  delinquent  tax  list,  but  if  so  omitted,  the 
publication  thereof  shall  be  let  to  the  lowest  bidder  on  a  separate 
bidding. 

INSPECTION. 

Buildings— Electricity— Plumbing — Fire  Wardens  —  Boilers  and 

Elevators — Market  Master — Electrician. 

Section  63.  There  shall  be  a  building  inspector  appointed 
by  the  mayor,  who  shall  be  an  architect  or  practical  builder  of 
not  less  than  five  years'  experience,  whose  term  of  office  shall  be 


43 

four  (4)  years.  It  shall  be  his  diit}-  to  inspect  all  buildings  in 
process  of  construction  or  repair,  and  he  shall  have  the  power  to 
inspect  all  other  buildings  to  ascertain  if  the  ordinances  in  re- 
gard to  buildings  are  being  complied  with,  and  shall  keep  a  rec- 
ord of  such  inspections.  In  case  the  ordinances  are  not  being 
complied  with,  he  shall  make  a  report  thereof  to  the  mayor  and 
attorney.  It  shall  be  his  duty  to  make  all  complaints  charging 
violations  of  the  building  ordinances. 

The  inspectors  of  electric  wiring  and  plumbing  shall  make 
reports  to  the  building  inspector  and  such  reports  shall  be  en- 
tered of  record  in  his  office. 

It  shall  be  the  duty  of  the  fire  wardens  tO'  make  prompt  re- 
port to  the  building  inspector  in  every  case  where  they  may  find 
anj^  building  or  structure  in  an  unsafe  or  defective  condition. 
Such  report  shall  be  entered  of  record  in  his  office. 

There  shall  also  be  one  boiler  and  elevator  inspector,  one 
market  master,  one  electrician,  all  of  whom  shall  be  appointed 
hj  the  mayor  for  the  term  of  four  (4)  jears.  Except  as  other- 
wise herein  provided,  the  qualifications,  powers,  duties  and  lia- 
bilities of  the  officers  mentioned  in  this  article  shall  be  as  pre- 
scribed by  ordinance;  and  within  their  respective  appropriations 
the}'  shall  have  power  to  appoint  such  assistants  as  may  be  nec- 
essary, until  otherwise  changed  by  ordinance. 

DEPARTMENT  OP  FIRE,  POLICE  AND  EXCISE. 

Board — How  Appointed  and  Removed — Powers. 

Section  04.  There  shall  be,  and  hereb}'  is  created,  a  fire  and 
police  "board,  composed  of  a  commissioner  of  excise,  who  shall  be 
president  of  the  board,  a  commissioner  of  police,  and  a  commis- 
sioner of  fire;  each  to  be  appointed  hj  the  maj'or  for  a  term  of 
four  (4)  years,  one  of  said  members  to  be  of  different  political 
faith  from  the  other  two.  Any  member  of  said  board  may  be 
removed  by  the  mayor  for  any  cause,  except  political,  provided 
that  any  charges  preferred  by  the  mayor  shall  be  in  writing  and 
served  on  such  member  at  least  ten  (10)  days  before  the  hearing 
thereon  and  at  the  hearing,  the  mayor  shall  permit  such  member 
to  appear  in  person  and  by  attorney,  and  within  a  reasonable 
time  present  any  defense  he  may  have.  The  decision  of  the 
mayor  shall  be  final.  Pending  the  hearing  the  mayor  shall  have 
power  to  suspend  such  commissioner.  The  board  shall  have 
charge  and  control  of  the  departments  of  fire,  police  and  excise, 
except  as  herein  otherwise  provided.  The  board  shall  appoint  a 
secretary  at  a  salary  not  exceeding  eighteen  hundred  dollars 
(|1,S00.00)  per  year,  payable  out  of  the  treasury,  to  keep  the 
records  and  perform  such  other  duties  as  may  be  required  by  the 
board.  The  board  may  appoint  other  assistants  at  salaries  not 
exceeding  twelve  hundred  dollars  (|1,200.00)  each  per  year,  pay- 
able out  of  the  api)ropriation  at  the  disposal  of  the  board.  The 
board  shall  be  furnished,  at  the  expense  of  the  city  and  county, 


44 

with  convenient  offices,  stationery  and  all  facilities  for  the  per- 
forniani-e  of  its  dnties  as  may  be  by  the  board  deemed  requisite. 

Chief  of  Police — Duties  of  Police  Force. 

Section  65.  The  police  force  shall  be  composed  of  the  chief 
of  police  and  such  subordinate  officers,  policemen  and  other  em- 
ployes to  be  appointed  by  the  board  as  may  be  necessary  to  pi-e 
serye  the  peace,  protect  persons  and  property,  and  enforce  laws 
and  ordinances.  The  term  of  office  of  the  chief  of  police  shall  be 
four  (4)  3' ears  subject  to  removal  at  any  time  by  the  board; 
Provided,  that  any  charges  preferred  shall  be  in  writing  and 
served  at  least  ten  (10)  days  before  the  hearing  thereon;  and  at 
the  hearing  the  board  shall  permit  him  to  appear  in  person  and 
by  attorney,  and  within  a  reasonable  time  present  any  defense 
he  may  have.  Pending  the  hearing,  the  board  shall  have  power 
to  suspend  him.  The  decision  of  the  board  in  the  premises  shall 
be  final. 

It  shall  be  the  duty  of  the  police  force  to  suppress  all  riots, 
disturbances  and  breaches  of  the  peace  and  apprehend  any  and 
all  persons  in  the  act  of  committing  any  offense  against  the  laws 
of  the  state  or  of  the  ordinances,  and  forthwith  bring  such  per- 
sons before  the  proper  court  or  other  competent  authority  for 
examination,  and  at  all  times  diligently  and  faithfully  enforce 
all  such  laws,  ordinances  and  regulations  for  the  preservation  of 
good  order  and  the  public  welfare  as  the  council  may  enact,  and 
upon  view  and  reasonable  suspicion  arrest  anj-  person  or  persons 
who  may  be  guilty  of  a  breach  of  any  of  the  ordinances  or  of  any 
crime  against  the  state  or  the  United  States.  Every  officer  so 
authorized  to  make  arrests  or  to  serve  process  may,  in  the  dis- 
charge of  his  duties,  enter  into  all  public  places  and,  with  or 
without  process,  arrest  all  persons  frequenting  such  places,  and 
regarded  by  such  officer  as  stispicious  characters,  and  forthwith 
bring  such  persons  before  the  proper  court,  if  said  court  be  then 
in  session,  and  if  not,  then  to  convey  such  persons  to  the  city 
and  county  jail  until  such  time  as  they  ca-n  be  brought  before 
said  court,  then  to  deliver  them  up  for  trial  and  examination. 

The  police  force  shall  not  permit  any  prize  fight,  bull  fight, 
glove  contest  in  the  nature  of  a  prize  fight,  or  similar  exhibition, 
and  shall  enforce  all  general  laws  and  ordinances  suppressing 
gambling,  including  lotteries,  policy  shops,  pool  rooms,  or  any 
other  form  thereof,  and  a  failure  upon  the  part  of  the  chief  of 
police  so  to  do  shall  be  cause  for  his  removal  from  office. 

Chief  of  Fire  Department  and  Firemen. 

Section  66.  The  fire  depar-tment  shall  be  composed  of  a 
chief  of  the  fire  department  and  such  other  subordinate  officers, 
firemen  and  other  employes  to  be  appointed  by  the  board  as  may 
be  necessary  to  protect  the  city  and  county  against  fire. 


45 

Exclusive  Authority  to  Expend  Appropriation. 

Section  67.  The  board  shall,  in  the  exercise  of  its  powers, 
have  full,  complete  and  exclusive  authority  to  expend  for  and 
on  behalf  of  the  city  and  county,  all  funds  set  apart  in  the  an- 
nual appropriation  ordinance  for  the  use  of  the  board,  and  all 
appropriations  now  set  apart  for  its  use,  and  all  disbursements 
by  the  board  shall  be  authorized  by  the  board  at  a  regular  or  duly 
called  special  meeting  thereof. 

Sites  for  Stations,  Etc. 

Section  68.  The  board  shall,  with  the  approval  of  the  mayor, 
make  all  selections  of  sites  for  fire  or  police  stations,  patrol 
boxes,  fire  hydrants,  alarm  boxes,  etc.,  and  change  the  location 
thereof;  and,  upon  the  passage  of  an  ordinance  authorizing  the 
same,  to  contract  for  and  purchase  all  sites  for  police  stations 
and  fire  houses  and  to  make  contracts  and  pay  for  the  erection 
thereof,  with  the  right  of  condemnation  herein  provided  for. 

Special  Police,  Etc. 

Section  69.  The  board  may  appoint  such  special  policemen, 
patrolmen  and  watchmen,  with  or  without  pay  from  the  city, 
as  it  may  deem  necessary,  all  of  whom  shall  be  subject  to  the 
orders  of  said  board  and  shall  be  authorized  and  empowered  to 
do  and  perform  such  of  the  duties  of  the  members  of  the  police 
force  not  inconsistent  with  this  act  and  the  ordinances  of  the 
city,  as  may  be  specified  by  resolutions  of  said  board. 

EXCISE. 

Licenses — By  Whom  Granted. 

Section  70.  The  fire  and  police  board  shall  have  exclusive 
power  to  grant,  refuse,  revoke  or  suspend  any  and  all  licenses; 
Provided,  No  license  shall  be  suspended  for  more  than  five  days 
nor  revoked,  except  on  notice  to  the  holder  thereof  and  a  hearing 
before  said  board ;  nor  shall  any  license  be  granted  to  any  person 
or  persons,  if  such  person  or  persons  shall  have  been  twice  con- 
victed of  violating  any  of  the  provisions  relating  to  excise  con- 
tained hei-ein  or  any  ordinance  applying  to  saloons,  tippling 
houses  or  any  other  place  where  spirituous,  malt  or  intoxicating 
liquors  are  sold. 

Licenses — Council  Provide  for. 

Section  71.  The  council  shall,  by  general  ordinance,  pro- 
vide what  licenses  may  be  granted  and  upon  whom  and  what 
imposed,  and  pres(;ribe  the  conditions,  if  any,  attaching  to  the 
issuance  thereof;  except  as  otherwise  provided  bj  this  charter. 

License  Collectors — Appointed  by  Auditor. 

Section  72.  The  board  shall  appoint  all  officers  and  assist- 
ants necessary  to  perform  the  duties  of  the  department  of  ex- 
cise, except  that  the  officers  and  assistants  necessary  for  the 
inspection  and  collection  of  all  licenses  shall  be  appointed  by  and 


46 

be  under  the  supervision  of  the  auditor.  Police  power  is  hereby 
conferred  upon  such  appointees  to  make  arrests  for  any  violation, 
neglect,  or  infraction  of  the  charter  or  ordinances  relating  to 
excise.  The  board  shall  keep  a  record  of  each  application  for 
license,  setting  forth  the  name  of  the  applicant,  his  place  of 
business,  if  any,  residence,  character  of  license  sought,  with  term 
thereof,  the  recommendation  of  the  board  thereon,  and  if 
granted,  the  place,  if  any,  to  which  the  license  attaches,  the 
amount  i)ayable  thereon  and  the  date  upon  which  it  expires. 

License  Fees. 

Section  73.  No  license  or  permit  shall  issue  until  the  fee 
therefor  has  been  paid  to  the  treasurer,  who  shall  endorse  thereon 
such,  payment,  and  issue  his  receipt  therefor  to  the  auditor,  who 
shall  then  attest  such  endorsement. 

Liquor  Licenses — Transfer  of — Fee,  $10.00. 

Section  74.  All  liquor  licenses  may  be  transferred  by  the 
holder  thereof  with  the  approval  of  the  board  on  the  payment 
of  a  fee  of  ten  dollars  therefor  to  the  treasurer,  who  shall  endorse- 
upon  such  transferred  license  such  payment,  and  issue  his  re- 
ceipt therefor  to  the  auditor,  who  shall  then  attest  such  endorse- 
ment. All  other  licenses  may  be  transferred  upon  such  condi- 
tions as  may  by  ordinance  be  prescribed. 

Liquor  Saloons,  Etc. — Petition  of  Property  Owners — Fee,  $600.00. 

Section  75.  The  council  shall,  by  ordinance,  provide  for  the 
licensing,  taxing  and  regulating  of  liquor  saloons,  dram  shops 
and  tippling  houses,  and  the  selling  or  giving  away  of  any  spiritu- 
ous, malt  or  intoxicating  liquors  by  any  person  or  corporation 
within  the  city  and  county;  Provided^  No  license  for  the  sale  of 
spirituous,  malt  or  intoxicating  liquors  in  liquor  saloons,  dram 
shops  or  tippling  houses  shall  be  granted,  except  on  the  petition 
of  the  owners  of  a  majority  of  the  real  estate  within  the  frontage 
of  the  block  in  which  such  liquors  or  any  thereof  are  to  be  sold. 
The  uniform  fee  for  such  licenses  shall  be  six  hundred  dollars  a 
year,  except  as  herein  otherwise  provided,  and  no  such  license 
shall  be  granted  for  a  less  term  than  six  months. 

Sunday  and  Midnight  Closing. 

Section  76.  No  liquor  saloon,  dram  shop  or  tippling  house 
shall  be  kept  open  on  Sunday,  nor  between  the  hours  of  twelve 
o'clock  at  night,  and  five  o'clock  in  the  morning,  and  all  laws  of 
.the  state  concerning  closing  upon  Sunday  and  election  day  shall 
be  in  full  force  and  effect  in  the  city  and  county. 

Five  Hundred  Feet  from  Park  or  School. 

Section  77.  No  license  shall  issue  for  the  sale  of  spirituous, 
malt  or  intoxicating  liquors  at  any  place  within  five  hundred 
feet  of  the  nearest  point  of  a  public  park  or  public  school  prop- 
erty, used  as  such. 


47 

Wine  Room  and  Women — Not  Allowed. 

Section  78.  No  liquor  saloon,  dram  shop  or  tippling  house 
shall  have  or  keep  in  connection  with  or  as  part  of  such  saloon, 
tippling  house  or  dram  shop,  any  wine  room  or  other  place,  either 
with  or  without  doors,  curtain  or  curtains,  or  screen  of  any  kind, 
into  which  any  female  person  shall  be  permitted  to  enter  from 
the  outside,  or  from  such  tippling  house  or  dram  shop,  and  there 
be  supplied  with  any  kind  of  liquor  whatsoever. 

Penalty  for  Conducting"  Business  Without  License. 

Section  79.  Any  person  who,  either  as  principal,  clerk, 
agent,  employee  or  servant,  shall  sell  any  spirituous,  malt  or  in- 
toxicating liquors  or  conduct  any  other  business  for  which  a 
license  is  required  by  law  or  by  the  charter  or  ordinances  with- 
out first  obtaining  such  license  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction,  shall  be  punished  by  a  fine  of  ten 
(10)  dollars  or  twenty  (20)  days'  imprisonment  or  both  for  the 
first  offense,  and  a  fine  of  not  less  than  one  hundred  (lOO)  dol- 
lars or  imprisonment  of  thirty  (30)  days  or  both  for  each  sub- 
sequent offense;  and  it  shall  be  the  duty  of  all  pi^licemeu  to 
enforce  the  provisions  of  this  section  promptly  by  closing  all 
such  places  of  business  as  may  be  open  without  a  license  or  tem- 
porary permit  conspicuously  posted  therein,  and  report  :iil  such 
cases  immediately  to  the  auditor  and  to  the  commissioner  of 
excise  who  shall  cause  charges  to  be  made  in  the  pro{)er  court 
against  the  owner,  clerk,  agent,  employee  or  servant  in  charge 
of  said  premises. 

Annexed  Municipalities — Liquor  Ordinances  Remain  in  Force. 

Section  80.  All  laws  and  ordinances  prohibiting  or  regulat- 
ing the  sale  of  spirituous,  malt  or  intoxicating  liquors  in  mu- 
nicipalities annexed  to  the  city  of  Denver,  or  consolidated  with 
the  city  and  county  of  Denver,  except  in  cases  where  the  license 
fee  for  the  retail  sale  thereof  was  lower  than  at  the  rate  of  six 
hundred  dollars  a  year,  shall  remain  in  force  as  the  same  existed 
at  the  time  of  such  annexation  or  consolidation. 

Existing  Ordinances  Govern  Until  Chang-ed. 

Section  81.  The  existing  ordinances  regulating  the  issuing 
of  licenses  and  the  amounts  thereof,  as  the  same  exist  when  this 
charter  is  adopted,  and  the  general  laws  of  the  state  regulating 
the  liquor  traffic,  as  far  as  applicable,  shall  be  in  full  force  and 
effect,  until  changed  by  the  council,  except  as  herein  otherwise 
provided. 

dp:partment  of  public  utilities  and  works. 

Board — Appointment  and  Removal. 

Section  82.  There  shall  be  a  board  of  public  works,  com- 
posed of  the  commissioner  of  public  works,  who  shall  be  the 
president  of  the  board,  the  engineer,  and  the  commissioner  of 
highways.    Such  board  shall  liave  charge  and  conti-ol  of  all  pub 


48 

lie  works  and  utilities.  Tlie  members  of  said  board  shall  each 
be  apointed  by  the  mayor,  lor  the  term  of  four  (4)  years,  one  of 
w-hom  shall  be  of  ditferent  political  faith  from  the  other  two. 
Any  member  may  be  removed  by  the  mayor  for  any  cause,  ex- 
cept political,  provided  that  any  charges  preferred  by  the  mayor 
against  any  member  of  the  board  shall  be  in  writing  and  served 
on  such  member  at  least  ten  (10)  days  before  the  hearing  thereon, 
and  at  the  hearing  the  mayor  shall  permit  such  member  to  ap- 
pear in  person  and  by  attorney,  and,  within  a-  reasonable  time, 
present  any  defense  he  maj'  have.  The  decision  of  the  mayor  in 
the  premises  shall  be  final.  Pending  such  hearing,  the  mayor 
may  suspend  such  member.  The  board  shall  appoint  a  secretary, 
at  a  salary  not  exceeding  eighteen  hundred  dollars  (|1,800)  per 
year,  payable  out  of  the  treasury,  to  keep  the  records  and  per- 
form such  other  duties  as  may  be  required  by  the  board.  The 
board  may  appoint  other  assistants,  at  salaries  not  exceeding 
twelve  hundred  dollars  (|1,200)  each  per  year,  the  salaries  pay- 
able out  of  the  appropriation  at  the  disposal  of  the  board.  The 
board  shall  be  furnished,  at  the  expense  of  the  city  and  county, 
with  convenient  ofiices,  stationery  and  instruments,  and  all  facil- 
ities for  the  performance  of  its  duties  as  may  be,  by  the  board, 
deemed  requisite. 

General  Powers  and  Duties. 

Section  S3.  Except  as  otherwise  provided  in  this  charter,  the 
board  of  public  works  shall  have  exclusive  management  and  con- 
trol of  the  construction,  reconstruction  and  maintenance  of  all 
public  and  local  improvements,  the  care,  repair  and  mainte- 
nance of  all  streets,  alleys  and  other  highways  and  public  places, 
of  all  sewers,  sidewalks,  bridges,  viaducts,  tunnels  and  other 
like  structui'es,  of  all  buildings  belonging  to,  and  the  construc- 
tion of  all  buildings  for  the  city  and  county,  except  buildings 
used  exclusively  for  fire  or  police  purposes  or  for  hospitals,  of  all 
improvements  of  Cherry-  creek  and  Platte  river,  of  all  excava- 
tions in  the  streets,  alleys  and  other  highways  or  public  places, 
the  cleaning  of  streets,  the  erection,  alteration  or  removal  of 
poles,  the  location  and  stringing  of  wires,  laying  of  tracks,  pipes 
and  conduits,  whether  done  by  the  city  and  county  or  other 
persons,  and  the  full  charge  and  control  of  all  public  utilities 
belonging  to  the  city  and  county. 

Additional  Powers  and  Duties. 

Section  84.  The  board  shall  also  have  exclusive  power  to 
lay  out,  open,  change,  vacate  and  establish  or  change  the  grades 
of  streets,  alleys  or  other  highways  or  public  places,  subject  to 
approval  by  ordinance,  and  to  order,  contract  for  and  execute 
all  improvements  thereon;  to  grade  all  streets,  alleys  and  other 
highways  and  public  places,  and  cause  or  permit  lamp  posts  or 
other  lighting  apparatus,  signs,  awnings  and  other  structures  to 
be  erected  in  or  removed  from  the  streets,  alleys,  highways  and 
other  public  places,  to  grant  permits  for  excavations  therein  or 


49 

the  removal  of  materials  therefrom,  to  require  bonds  for  dam- 
ages and  the  proper  replacement  of  the  highway,  and  to  refuse 
all  such  i^ermits,  when  the  public  interests  may  require  it;  pro- 
vided that  the  council  may  by  ordinance  regulate  the  granting 
of  all  such  permits. 

Boulevards — How  Established. 

Section  85.  The  board  shall  also  have  exclusive  power  and 
authority  to  lay  out,  establish,  regulate  and  improve  boulevards 
and  to  adopt  rules  for  the  regulation  and  government  of  the 
same,  and  to  prohibit  heavy  traffic  upon  such  boulevards,  and 
the  council  shall,  by  ordinance,  upon  the  recommendation  of 
said  board,  prohibit  and  provide  for  the  punishment  of,  any 
violation  of  such  rules. 

Meetings — Pow^er  of  Board — How  Exercised. 

Section  86,  The  board  shall  hold  regular  meetings  on  the 
first  Tuesday  of  each  month  and  may  by  rule  provide  for  holding 
special  meetings  and  service  of  notice  of  such  special  meetings. 
All  duties  of  the  president  may  in  his  absence  from  the  city  and 
county  or  in  case  of  his  inability  to  act,  be  performed  by  a 
president  2^^'^  tempore  to  be  elected  by  the  board.  No  member 
of  the  board  shall  have  any  authority  to  act  on  behalf  of  the 
board,  except  in  pursuance  of  authority  conferred  at  a  lawful 
meeting  of  said  board,  and  a  majority  of  the  board  shall  con- 
stitute a  quorum  for  the  transaction  of  business,  and  no  action 
of  the  board  shall  b^  binding,  unless  authorized  by  a  majority 
of  the  members  thereof  at  a  regular  or  duly  called  special  meet- 
ing. All  proceedings  of  the  board  shall  be  recorded  by  the  sec- 
retary, with  a  record  of  the  vote  of  each  member,  when  the  vote 
is  not  unanimous. 

All  meetings  shall  be  public  and  the  records  of  the  board 
shall  be  public  records  and  open  to  inspection. 

Contracts — Provisions  of. 

Section  87.  The  board  may,  in  the  letting  of  contracts,  im- 
pose such  conditions  upon  bidders  with  regard  to  bonds  and 
securities,  and  such  guaranties  of  good  faith  and  responsibility 
on  the  part  of  bidders,  for  the  faithful  completion  of  the  work 
or  keejiing  the  same  in  repair,  and  providing  for  any  other  ma- 
terial matter  or  thing  in  connection  therewith,  as  may  be  con- 
sidered by  the  board  advantageous  to  the  city  and  county. 

Exclusive  Authority  to  Expend  Appropriations. 

Section  88.  The  board  shall  have  full,  complete  and  exclu- 
sive authority  to  expend  all  such  sums  of  money  as  may  be  ap- 
propriated for  tlie  department  from  the  general  revenues,  and  as 
may  from  time  to  time  be  realized  from  the  sale  of  the  general 
bonds  of  the  city  and  county,  if  such  bonds  are  authorized  and 
issued  under  the  provisions  of  this  charter,  for  the  purpose,  ex- 
pressed in   the  ordinance  submitting   the  question   of   incurring 


50 

the  indebtedness,  and  the  issuance  of  bonds  and  to  negotiate  the 
soiling  of  such  bonds;  also  to  cause  to  be  issued  bonds  of  the  city 
and  county  in  the  construction  of  local  improvements,  as  in  this 
charter  provided;  and  to  expend  on  behalf  of  the  city  and  county 
all  such  sums  of  money  as  may  from  time  to  time  be  realized 
from  the  sale  of  any  of  such  bonds,  or  realized  from  special  as- 
sessments for  local  improvements,  except  parks  and  park-ways, 
and  of  all  appropriations  made  from  the  general  revenues  for  the 
construction  of  public  or  local  improvements;  and  shall  have 
the  exclusive  sale  of  all  bonds  mentioned  in  this  section  and  the 
exclusive  expenditure  of  the  proceeds  of  such  sales. 

Engineer  and  Engineering-  Department. 

Section  89.  The  department  of  public  works  shall  include  a 
bureau  of  engineering  and  surveying  under  the  control  and  man- 
agement of  the  board  of  public  works.  The  engineer  shall  be  the 
head  thereof  and  shall  devote  his  entire  time  to  the  duties  of  his 
oflSce. 

The  board  may  appoint  one  chief  assistant  engineer  at  a 
salary  of  not  to  exceed  twenty-four  hundred  dollars  per  year, 
and  in  addition  to  the  assistant  engineers  and  inspectors  em- 
ployed on  local  improvements  such  assistant  engineers  and  in- 
spectors, as  may  be  considered  necessary  by  the  board,  who  shall 
receive  salaries  to  be  fixed  by  the  board,  not  to  exceed  eighteen 
hundred  dollars  per  year,  payable  out  of  the  general  appropria- 
tions at  the  disposal  of  said  board. 

Engineer — Duties. 

Section  90.  The  engineer  shall  do  all  the  surveying  and 
engineering  of  the  city  and  county,  and  perform  such  other  du- 
ties as  the  board  may  authorize  and  direct. 

The  board  shall  have  the  custody  of  all  plats,  maps,  records, 
notes,  surveys,  papers,  files  and  documents  now  or  heretofore  be- 
longing to  the  office  of  the  city  engineer,  the  county  surveyor,  or 
said  board,  or  pertaining  to  the  surveys  of  the  city  and  county, 
and  shall  deliver  the  same  to  its  successors  in  ofiice,  including  all 
private  memoranda  made  by  the  engineer  or  any  of  his  assistants, 
relating  to  the  surveys  or  other  engineer's  data  of  the  city  and 
county. 

COMMISSIONER   OF    HIGHWAYS. 

General  Duties. 

Section  91.  There  shall  be  a  bureau  of  highways,  the  head 
of  which  shall  be  the  commissioner  of  highways;  the  commis- 
sioner shall,  under  the  direction  of  the  board,  have  general 
charge,  and  the  care,  repair  and  cleaning  of  all  the  streets,  alleys, 
and  other  highways  and  public  places,  and  of  all  bridges,  via- 
ducts, tunnels  and  sidewalks,  and  of  all  work  done  in  the  main- 
tenance and  repair  thereof,  and  of  such  other  operations  of  the 
department  of  public  works  as  may  be  designated  by  the  board. 


51 

DEPARTMENT   OF    PARKS. 

Commissioners — Appointment — No  Compensation. 

Section  92.  The  park  commission  shall  be  composed  of  five 
commissioners,  who  shall  be  well  known  for  their  business  ability, 
probity  and  public  spirit,  one  of  whom  shall  be  president  of  the 
commission  and  appointed  as  such,  and  all  of  whom  shall  hold 
their  ofiBces  for  five  years  from  the  date  of  appointment,  except 
that  the  first  appointments  shall  be  made  for  such  respective 
terms  that  one  of  the  appointments  shall  expire  each  year.  The 
"commissioners  shall  serve  without  compensation,  except  for  their 
actual  disbursements,  approved  by  the  mayor.  One  commissioner 
shall  be  appointed  from  each  of  the  park  districts,  and  the  presi- 
dent at  large,  and  each  commissioner  shall  have  resided  at  least 
two  years  in  his  district  prior  to  appointment.  Any  commis- 
sioner shall  be  considered  as  vacating  his  office  upon  the  accept- 
ance of  any  other  public  office. 

Secretary— Salary,  $1,500.00. 

Section  93.  The  commission  may  employ  a  secretary'  at  a 
salary  not  exceeding  fifteen  hundred  dollars  (|1,500)  jier  an- 
num, i^ayable  out  of  the  park  fund,  who  shall  keep  a  record  of 
all  proceedings  of  the  commission  and  have  custody  of  and  pre- 
serve all  its  records. 

Offices. 

Section  94.  The  commission  shall  be  provided  by  the  city 
and  county  with  convenient  offices,  stationery  and  the  facilities 
necessary  for  the  performance  of  its  duties,  as  by  the  commission 
deemed  necessary  and  advisable. 

Superintendent  of  Parks. 

Section  95.  The  commission  may  appoint  a  superintendent 
of  parks,  who  shall  be  a  practical  landscape  gardener,  who  shall, 
under  the  direction  of  the  commission,  have  active  charge,  con- 
trol and  direction  of  all  the  parks  and  park-ways  of  the  city  and 
county,  and  perform  such  other  duties  as  may  be  prescribed  by 
the  commission,  with  such  other  assistants  and  salaries  payable 
out  of  the  i^ark  fund,  as  may  be  authorized  by  the  commission, 
with  the  approval  of  the  mayor. 

Meetings — First  Tuesday  of  Each  Month. 

Section  90.  The  commission  shall  hold  a  regular  meeting  on 
the  first  Tuesday  of  each  month,  and  may  by  rule  provide  for 
special  meetings  and  service  of  notice  thereof,  A  majority  of 
the  members  shall  constitute  a  quorum,  and  no  action  of  the 
commission  shall  be  binding  unless  authorized  by  a  majority  of 
the  members  at  a  regular  or  duly  called  special  meeting  thereof. 

Commission  and  Mayor  Expend  Appropriation. 

Section  97.  The  coiiimissiou  shall,  with  the  approval  of  the 
mayor,  have  full,  complete  and  exclusive  power  and  authority  to 


52 

expend  for  and  on  behalf  of  the  city  and  county,  all  sums  of 
money  that  may  be  raised  by  general  taxation  for  park  purposes, 
and  all  other  sums  of  money  appropriated  by  the  council  from  the 
general  revenues  for  the  same  purposes ;  and  all  moneys  that  may 
be  realized  by  the  commission  from  the  sale  of  privileges  in  or 
near  the  parks  of  the  city  and  county,  or  realized  from  the  sale 
of  the  general  bonds  of  the  city  and  county  and  set  apart  for  park 
[>urposes,  or  from  the  sale  of  the  park  district  bonds  hereinafter 
[)rovided  for. 

Reports. 

Section  98.  The  fiscal  year  of  the  department  of  parks  shall 
end  on  the  thirty-first  day  of  December  of  each  year,  and  during 
the  month  of  January  of  each  year  the  commission  shall  make 
an  annual  report  to  the  mayor  and  council  of  all  moneys  received 
and  expended  in  the  purchase,  improvement  arnd  maintenance  of 
parks,  showing  when,  Avhere,  how  and  in  what  manner  the  same 
were  received  and  expended,  and  what  improvements  have  been 
made  during  the  year  preceding  the  report. 

General  Powers — Licenses,  Etc.,  in  Parks. 

Section  99.  The  commission  shall  have  exclusive  manage- 
ment and  control  of  all  parks  and  park-ways,  and  exclusive  power 
to  lay  out,  regulate  and  improve  the  same,  and  to  prohibit  certain 
or  heavy  traffic  therein,  and  to  grant  or  refuse  licenses  to  vend 
goods  on  the  streets  or  sidewalks  within  three  hundred  feet 
of  any  park  entrance  and  on  the  streets  and  sidewalks  adjoining 
parks,  and  the  council  shall,  by  ordinance  provide  for  the  en- 
forcement of  the  rules  and  orders  of  the  commission  in  relation 
thereto. 

No  franchise,  license  or  permit  for  the  construction  or  main- 
tenance of  any  railway  shall  ever  be  granted  within  the  limits 
of  any  park  or  lengthwise  upon  any  park-way.  Nor  shall  any 
franchise  for  the  maintenance  of  any  other  special  privilege  with- 
in any  park  be  granted. 

The  commission  shall  have  exclusive  management  and  control 
of  the  city  ditch,  and  the  distribution  of  water  therefrom,  within 
and  without  the  city  and  county. 

Building  Line  Around  Parks. 

Section  100.  The  commission  may  establish  a  building  line 
or  lines,  determining  the  distance  at  which  all  structures  to  be 
erected  upon  any  private  premises  fronting  any  park  or  park-way 
under  the  jurisdiction  of  the  commission  shall  be  erected  upon 
such  i)remises,  and  may,  in  the  name  of  the  city  and  county,  pre- 
vent the  erection  and  require  the  removal  of  all  structures  out- 
side said  lines,  and  no  permit  shall  be  issued  authorizing  the 
erection  of  any  structure  outside  the  buildino-  line  so  estaldished. 


53 

No  Park  to  Be  Sold. 

Section  101.  Xo  portion  of  Congress  park,  or  of  any  other 
park  now  belonging  to  or  hereafter  acquired  by  the  city  and 
county,  shall  be  sold  or  leased  at  any  time. 

Gifts  for  Parks,  Museums,  Etc. 

Section  102.  Real  or  personal  property  may  be  granted,  be- 
queathed, devised  or  conveyed  to  the  city  and  county  for  the  pur- 
pose of  the  improvement  or  ornamentation  of  any  park,  boule- 
vard, pleasure-way  or  park-way,  or  for  the  establishment  or  main- 
tenance therein  of  museums,  zoological  or  other  gardens,  collec- 
tions of  natural  history,  observatories,  libraries,  monuments  or 
works  of  art,  upon  such  trusts  or  conditions  as  may  be  approved 
by  the  commission  and  council ;  and  all  such  property  or  the 
rents,  issues  and  profits  thereof  shall  be  subject  to  the  exclusive 
management  and  control  of  the  commission.  The  commission 
may  also  provide  such  accommodations  and  take  such  preliminary 
steps  as  the  moneys  at  their  disposal  will  justify  for  the  securing 
and  preservation  of  collections  of  natural  history  and  the  estab- 
lishment of  museums  in  the  parks. 

Unexpended  Appropriations  Remain  in  Fund. 

Section  103.  No  moneys  levied  or  appropriated  by  the  coun- 
cil or  b}'  this  charter  for  park  purposes  and  remaining  unex- 
pended at  the  end  of  any  fiscal  year,  shall  be  converted  into  the 
general  fund  nor  be  subject  to  appropriation  for  general  pur- 
poses. 

Additional  Powers  by  Ordinance. 

Section  104.  The  commission  shall  have  such  additional 
powers  relating  to  parks  and  boulevards  as  maj  be  prescribed 
by  ordinance. 

Money  Raised  by  Bonds,  Etc.,  Expended  by  Commission — One  and 

One-third  Mills  Tax  for  Park  Fund. 

Section  105.  In  case  a  bonded  indelbtedness  of  the  city  and 
county  is  incurred  for  the  purpose  of  acquiring  lands  for  parks 
or  park-ways,  the  proceeds  thereof  shall  be  used  in  acquiring 
lands  in  the  several  park  districts  herein  prescribed,  in  propor- 
tion to  the  assessed  valuation  of  the  real  estate  in  each  distinct. 

As  a  part  of  the  annual  levies  authorized  by  this  charter,  the 
council  shall  annually  assess  and  collect  upon  each  dollar  of  tax- 
able property  within  the  city  and  county  at  least  one  and  one- 
third  mills,  the  proceeds  of  which  shall  be  collected  in  the  same 
manner  as  other  city  and  county  taxes,  and  when  collected  shall 
be  set  apart  and  constitute  an  improvement  and  maintenance 
fund  for  park  purposes. 

All  moneys  collected  as  taxes  levied  for  the  niaintenanci'  and 
improvement  of  ])arks  and  ])ark-ways,  shall  be  expended  by  the 
commission  as  in  their  judgment  the  needs  of  the  several  park 
districts  retpiire. 


54 

DEPARTMENT  OF   HEALTH. 

Health  Commissioner — General  Powers. 

tr^ection  lOG.  There  shall  be  a  health  commissioner,  who 
shall  be  appointed  by  the  mayor  and  have  control  of  the  depart- 
ment of  health,  whose  term  of  oflflce  shall  be  four  (4)  years;  he 
shall  be  a  licensed  physician  and  have  been  engaged  in  the  prac- 
tice of  medicine  in  the  city  and  county  for  at  least  five  (5) 
years ;  he  shall  appoint  such  assistants,  within  his  appropriation, 
as  may  be  required. 

He  shall  have  control  of  the  city  and  county  hospitals,  the 
Steele  Memorial  hospital,  and  shall  provide,  maintain  and  have 
charge  of  a  morgue.  He  shall  attend  the  sick  in  jails,  houses  of 
detention,  and  care  for  and  direct  the  admission  and  discharge 
of  patients  at  the  city  and  county  farm.  He  shall  have  the  san- 
itary supervision  of  all  institutions  of  the  city  and  county,  in- 
cluding jails,  houses  of  detention,  schoolhouses  and  public  build- 
ings; of  the  disposition  of  the  dead;  of  the  plumbing  and  drain- 
age and  sewerage  of  buildings ;  of  markets  and  of  all  matters 
pertaining  to  the  preservation  and  protection  of  the  lives  and 
health  of  the  people.  He  shall,  at  least  quarterly,  visit  every  in- 
stitution in  the  city  and  county,  private  or  public,  maintained 
for  the  care  of  the  sick,  injured,  indigent,  insane  or  minors.  He 
shall  have  control  of  the  removal  and  disposition  of  all  garbage, 
offal  and  other  offensive  substances,  and  may  enter  into  such 
time  contracts  for  the  removal  and  disposition  of  the  same  as  in 
his  judgment  he  may  deem  to  be  to  the  best  interest  of  the  city 
and  county  and  to  the  health  and  comfort  of  the  inhabitants  of 
the  same. 

Pow^er  to  Enter  Dwellings,  Etc. 

Section  107.  Upon  probable  cause,  supported  by  oath  or 
aflSrmation,  a  warrant  may  be  issued  by  any  justice  of  the  peace 
authorizing  the  health  commissioner  to  enter  into  any  dwelling. 
He  may  enter  upon  any  other  premises  in  the  day  time  without 
such  warrant  and  in  the  exercise  of  his  duties  of  office  may  com- 
mand the  services  of  the  police. 

Medical  Advisory  Commission. 

Section  lOS.  The  health  commissioner  shall  appoint  two  (2) 
licensed  physicians,  who  shall  serve  without  compensation,  and 
who  shall  act  with  him  as  a  medical  advisory  commission.  The 
commission  shall  define  the  duties  of  the  physician  and  surgeons 
of  the  visiting  staff  of  the  hospitals  and  similar  institutions  of 
the  city  and  county. 

Visiting  Staff. 

Section  109.  The  members  of  the  visiting  staff  shall  be  ap- 
pointed by  the  medical  advisory  commission  annually,  removed 
only  for  cause,  be  eligible  to  reappointment  and  serve  without 
compensation. 


55 

Physicians — Emerg-ency  Wards,  Etc. 

Section  110.  The  city  and  county  physicians  shall  be  ap- 
pointed by  the  health  commissioner,  have  charge  of  the  receiving 
and  emergency  wards  and  hospitals  and  perform  such  other 
duties  as  may  be  prescribed  by  the  health  commissioner. 

The  resident  physicians  in  the  hospitals  of  the  city  and 
county  shall  be  appointed  by  the  health  commissioner,  and  serve 
without  compensation,  other  than  board  and  lodging  during  their 
term  of  service. 

Steele  Memorial  Hospital. 

Section  111.  The  council  shall  provide  for  the  maintenance, 
enlargement  and  improvement  of  the  Steele  Memorial  hospital 
for  contagious  diseases  of  children,  and  provide  accommodation 
for  the  care  of  persons  with  contagious  diseases,  who  are  re- 
quired to  be  removed  thereto  or  who  are  able  to  pay  a  proper 
compensation. 

Records — Reports,  Etc. 

Section  112.  The  health  commissioner  shall  keep  a  record 
of  the  work  done  in  the  institutions  under  his  control,  collecting 
and  preserving  such  statistical  information  relating  to  his  de- 
partment, as  may  aid  the  advancement  of  science,  and  publish 
reports  of  the  same. 

DEPARTMENT  OP  CHARITY  AND  CORRECTION. 

Commission — Appointment — Employees. 

Section  113.  There  shall  be  a  commission  of  charity  and 
correction  consisting  of  three  members,  appointed  by  the  mayor 
for  the  term  of  two  (2)  years.  The  commission  shall  have  control 
of  the  department  of  charity  and  correction  and  shall  serve  with- 
out compensation.  The  commission  may  appoint  a  secretary  and 
such  other  employes  as  may  be  necessary,  with  the  approval  of 
the  mayor,  and  whose  compensation  shall  be  provided  by  ordi- 
nance. 

General  Powers. 

Section  114.  The  commission  shall  have  charge  of  all  char- 
itable work  done  by  the  city  and  county;  have  charge  of  the  city 
and  county  farm,  of  the  detention  school,  and  may  establish  and 
have  charge  of  a  municipal  lodging  house,  and  shall  make  and 
enforce  rules  for  the  government  of  said  institutions.  They  shall 
perform  such  other  duties,  not  inconsistent  with  the  general 
laws  of  the  state  and  the  provisions  of  this  charter,  as  the  coun- 
cil may,  by  ordinance,  require;  Provided,  however,  Nothing  here- 
in shall  be  construed  to  prevent  the  council  from  making  appro- 
priations to  charitable  organizations,  to  be  administered  by  them. 


56 

Superintendent — City  and  County  Farm. 

Section  115.  The  commission  shall  appoint  the  superintend- 
ent of  the  city  and  county  farm,  with  the  approval  of  the  mayor. 

Visitation  of  Charitable  Institutions,  Jails,  Hospitals,  Etc. 

Section  116.  The  commission  shall  visit  all  charitable  insti- 
tutions, all  jails  and  all  institutions  of  the  city  and  county  where 
sick,  insane,  destitute  or  other  persons  are  confined,  and  may 
cause  any  person  convicted  of  violating  any  law  or  ordinance, 
and  who  is  confined  or  on  parole,  to  be  examined  as  to  the  causes 
contributing  to  the  delinquency;  a  record  of  such  examinations 
to  be  made  and  kept. 

Examination  of  Management  of  Charitable  Institutions. 

Section  117.  The  commission  shall  keep  advised  as  to  the 
management  of  all  institutions  receiving  public  money,  and  is 
empowered  to  enter  and  examine  into  the  management  of  any 
charitable  institution,  public  or  private,  at  any  reasonable  hour. 

Farm,  Hospitals — Visitation  of. 

Section  118.  The  commission  shall  visit  the  ••ity  and  county 
farm  at  least  once  each  month;  shall  visit  tlie  city  and  county 
hospitals  and  may  recommend  to  the  mayor  any  change  in  man- 
agement deemed  advisable. 

Records. 

Section  119.  A  record  of  all  proceedings  of  the  ( ommissioii, 
recommendations  made  regarding  any  institution,  re[)orts  of  ia- 
vestigations  of  hospitals  and  similar  institutions  and  a  record 
of  each  case  of  relief  afforded,  an.i  ^uch  otlier  records  as  may 
be  ordered  by  the  commission,  shall  be  kept  by  the  secretary. 

Detention  School — Children  Under  Fourteen  Not  to  Be  Sent  to 
Jail. 

Section  120.  There  shall  be  established  and  maintained  a 
detention  school,  not  connected  with  any  jail,  which  shall  be  in 
charge  of  a  superintendent.  The  superintendent  shall  be  ap- 
pointed by  the  juvenile  court  (county  court)  of  the  city  and 
county,  provided  such  appointment  must  be  first  submitted  to 
the  commission  for  its  approval  as  to  the  qualification  of  the 
appointee.  It  shall  be  the  duty  of  the  commission  to  approve  or 
disapprove  such  appointment  within  thirty  days  after  the  sub- 
mission thereof;  such  appointment  shall  be  considered  approved 
in  case  the  commission  shall  fail  within  said  time  to  take  any 
action  thereon.  The  superintendent  must  be  qualified  to  instruct 
and  teach  children  in  branches  of  education  similar  to  those  of 
the  public  schools  of  the  city  and  county.  Such  school  shall 
be  supplied  with  all  necessary  teachers,  help  and  convenient  fa- 
cilities for  the  care  of  inmates  thereof.  The  employes  thereof 
shall  be  appointed  in  like  manner  as  the  superintendent.  Chil- 
dren under  sixteen  years  of  age,  arrested  for  any  cause,  may,  by 
order  of  the  juvenile  court,   unless  otherwise  provided  by   the 


57 

juvenile  court  act,  be  held  in  the  detention  school  until  final 
judgment.  They  shall  receive  schooling  and  professional  services 
when  required.  No  child  fourteen  years  of  age  or  under  shall  be 
incarcerated  in  any  common  jail  or  lock-up. 

The  superintendent  shall  keep  a  record  of  such  children  and 
such  other  information  as  may  be  required  by  the  juvenile  court 
(the  county  court)  of  the  city  and  county,  or  the  commission. 

ART. 

Conunission — Appointment — Term,  Six  Years — Vacancies. 

Section  121.  There  shall  be  an  art  commission  appointed  by 
the  mayor,  who  shall  be  ex-officio  a  member  of  said  commission. 
The  commission  shall  consist  of  six  members,  of  whom  two  shall 
be  professional  artists,  one  of  w^hom  shall  be  a  sculptor,  and 
such  two  members  shall  be  appointed  from  lists  of  names  pre- 
pared and  submitted  by  "The  Artists  Club"  or  "'The  Municipal 
Art  League^'  of  Denver,  and  one  member  shall  be  a  professional 
architect;  the  others  shall  not  be  persons  pursuing  the  profession 
of  art  or  architecture.  The  first  appointments  shall  provide  two 
membei'S  for  a  term  of  six  years,  two  members  for  a  term  of 
four  years,  and  two  members  for  a  term  of  two  years ;  and  there- 
after two  appointments  for  the  term  of  six  years  shall  be  made 
biennially.    Vacancies  shall  be  filled  by  the  maj'or. 

General  Powers. 

Section  122.  The  commission  shall  have  control  of  all  mat- 
ters of  art  pertaining  to  the  city  and  county,  and  advise  the 
mayor  and  council  with  relation  thereto,  and  serve  without  com- 
pensation. 

No  work  of  art  shall  become  the  property  of  the  city  and 
county,  or  subject  to  its  control,  unless  such  work  or  the  design 
for  the  same,  together  with  a  statement  of  its  proposed  location, 
shall  have  been  approved  by  the  commission.  No  such  work  of 
art  shall  be  removed,  re-located  or  altered,  except  with  the  ap- 
proval of  the  commission. 

No  member  of  the  commission  Shall  receive  payment  from 
the  city  and  county  for  the  design  or  execution  of  any  work  of 
art. 

"Work  of  Art"— Definition. 

Section  123.  The  term  ''work  of  art"  shall  include  all  paint- 
ings, stained  glass  windows,  mural  decorations,  statutes,  bas- 
relief,  seals,  medals,  sculptures,  monuments,  fountains,  arches, 
ornamental  gateways  and  other  structures  of  a  permanent  char- 
acter intended  for  ornament  or  commemoration. 

"Work  of  Art" — Must  Be  Approved  by  Commission. 

Section  124.  No  contract  or  order  for  the  execution  of  any 
work  of  art  for  said  city  and  county  shall  be  made  until  sub 
mitted  to  the  commission  and  its  approval  secured. 


58 

LIBRARIES. 

Commission — Appointment — Term,  Eight  Years — Two  Women. 

Sc'ttiou  1L*5,  There  shall  be  a  library  commission,  consisting 
of  eight  members,  who  shall  serve  without  compensation.  The 
present  board  of  directors  of  the  public  library  of  the  city  of 
Denver,  together  with  two  women  to  be  appointed  by  the  mayor, 
shall  constitute  said  commission.  As  soon  as  constituted,  the 
commission  shall  divide  by  lot  into  four  classes  to  hold  office  for 
two.  four,  six  and  eight  years,  respectively.  At  the  end  of  two 
years  and  every  alternate  year  thereafter,  the  mayor  shall  ap- 
point two  persons  to  serve  for  a  term  of  eight  years.  There  shall 
always  be  two  women  on  the  commission. 

General  Powers. 

Section  126.  The  commission  shall  have  exclusive  control  of 
the  public  library,  branches  thereof  and  reading  rooms,  of  all 
mone}'  appropriated  therefor,  of  all  property  or  money  otherwise 
acquired  for  such  purposes,  of  the  acquisition  by  purchase,  con- 
struction, or  lease,  of  grounds  and  buildings  for  such  purposes; 
of  the  administration  of  gifts  and  trusts,  and  power  to  do  any 
and  all  things  necessary  or  expedient  in  connection  with  library 
purposes. 

Anniial  Appropriation,  $30,000.00. 

Section  127.  The  council  shall  annually  appropriate  not  less 
than  thirty  thousand  dollars  for  the  maintenance  of  the  public 
library. 

Open  Shelf  System. 

Section  128.  The  library  and  its  branches  shall,  as  far  as 
practicable,  be  conducted  upon  the  open  shelf  system. 

North  Side  Reading  Room  and  South  Platte  Library. 

Section  129.  The  North  Side  reading  room  and  the  South 
Platte  library,  when  transferred  to  the  city  and  county,  shall 
be  maintained  as  reading  rooms,  and  the  commission  shall  estab- 
lish such  branch  libraries,  reading  rooms  and  delivery  stations  as 
may  be  expedient. 

Reports — Annual. 

Section  130.  The  commission  shall  make  an  annual  report 
to  the  mayor,  stating  the  condition  of  its  trust,  the  various  sums 
of  money  received  from  the  library  fund  and  other  sources,  and 
for  what  purposes  such  sums  of  money  have  been  expended;  the 
numl)er  of  books  and  periodicals  on  hand,  the  number  added  by 
purchase  or  gift,  the  number  lost  or  number  of  visitors,  and  such 
other  information  as  may  be  deemed  of  general  interest. 


59 
ARTICLE  IV. 

JUDICIAL   DEPARTMENT. 
COUNTY  COURT. 

Two  Judges. 

Sectioni  131.  The  county  court  of  the  city  and  county  shall 
consist  of  two  judges,  who  shall  have  the  qualifications  required 
by  the  constitution  and  general  laws  of  district  judges. 

Jurisdiction. 

Section  132.  The  jurisdiction  of  the  county  court  shall  be 
as  prescribed  for  county  courts  by  the  constitution  and  general 
laws  and  as  prescribed  by  the  charter. 

Clerks,  Divisions,  Etc. 

Section  133.  Judges  of  the  county  court  shall  appoint  a 
clerk  and  such  deputy  clerks  as  may  be  required  in  accordance 
with  general  law  unless  otherwise  prescribed  by  ordinance,  and 
such  probation  oflScers  as  may  be  required  by  general  law.  In 
case  of  any  disagreement  between  the  judges  as  to  the  appoint- 
ment of  the  clerk  as  in  this  section  provided,  then  the  judge  who 
is  senior  in  point  of  service  as  such  judge  shall  control  and  make 
such  appointment.  As  to  other  subordinate  officers,  including  pro- 
bation officers,  in  case  of  a  disagreement  the  appointments  shall 
be  divided  as  near  as  practicable  equally  between  the  judges. 
Each  judge  shall  appoint  his  stenographer,  bailiff  and  division 
clerk. 

Court  Sitting-  En  Banc — Powers. 

Section  134.  The  judges  may  sit  en  'banc  at  such  times  as 
they  may  determine  for  the  purpose  of  making  rules  of  court, 
the  appointment  of  the  clerk,  the  approval  of  the  appointment  of 
deputies  other  than  division  clerks,  the  approval  of  official  bonds 
and  such  like  ministerial  duties,  but  for  no  other  purpose  what- 
ever; and  the  court  so  sitting  en  banc  shall  have  no  power  to  re- 
view any  order,  decision  or  proceeding  of  the  court  held  by  either 
judge  sitting  separately. 

Presiding  Judge. 

Section  135.  While  sitting  en  banc  one  of  the  judges  shall 
act  as  presiding  judge,  and  at  the  first  term  the  judge  oldest  in 
office  shall  act  as  presiding  judge;  at  the  next  succeeding  term 
the  other  judge  shall  act,  and  thereafter  they  shall  preside  at  the 
several  succeeding  terms  alternately  and  in  regular  rotation,  each 
during  the  period  from  the  commencement  of  one  term  to  the 
commencement  of  the  next  succeeding  term.  But  the  court  may 
at  any  time  change  the  rule  of  presiding  as  its  convenience  may 
require. 

Hules — General  and  Special. 

Section  136.  In  addition  to  the  ordinary  power  of  making 
rules,  such  court  sitting  en  banc  may  make  all  rules  which  its 


60 

poeuliar  oi-oanization  may  require  different  from  the  ordinary 
I'ourse  of  practice  and  necessary  to  facilitate  the  transaction  of 
business  in  the  courts  held  by  the  judges  sitting  separately,  and 
nmy  by  rule  provide  for  the  classification,  arrangement  and  dis 
tribution  of  the  business  of  the  court  between  the  judges  thereof, 
and  each  shall  attend  to  the  business  of  the  court  so  assigned, 
and  when  not  occupied  by  the  business  assigned  to  him,  shall,  so 
far  as  practicable,  aid  the  other  judge,  to  which  end  cases  may 
be  sent  from  one  judge  to  another,  as  the  judges  may  agree  and 
direct;  Provided,  That  all  rules  for  the  government  of  the  court 
held  by  the  judges  sitting  separately  shall  be  the  same  for  each 
of  the  judges. 

Records. 

Section  137.  The  clerk  of  said  county  court  shall  keep  one 
record,  in  which  shall  be  recorded  only  the  proceedings  of  said 
court  en  hanc.  The  judges  sitting  separately  shall  cause  such 
minutes  of  their  proceedings  to  be  kept  as  may  be  deemed  neces- 
sary or  expedient;  but  nothing  in  this  act  shall  be  construed  to 
authorize  any  change  in  the  manner  of  keeping  the  record  of  the 
court  in  civil  actions,  such  as  the  register  of  actions,  the  judg- 
ment book,  the  judgment  docket  and  the  like,  and  there  shall  be 
only  one  set  of  such  books  kept  for  said  court. 

Jurors. 

Section  138.  Jurors  may  be  summoned  and  empaneled  for 
each  of  the  judges  sitting  separately  as  though  each  were  the 
sole  court.  The  court  shall  be  divided  into  two  di\isions,  and  in 
the  docketing  of  cases  all  odd  numbers  shall  belong  to  Division 
One,  and  all  even  numbers  to  Division  Two,  unless  otherwise 
hereafter  by  ordinance  provided. 

Terms  of  OflSce — Election — Vacancy. 

Section  139.  At  the  next  city  and  county  election  two 
judges  shall  be  elected,  one  of  whom  shall  be  for  the  short  term. 
The  judge  elected  for  the  short  term  shall,  within  thirty  days 
after  his  election,  duly  qualify  and  enter  upon  the  duties  of  his 
oflSce,  and  shall  hold  such  office  until  the  second  Monday  of  Jan- 
uary, 1907,  and  until  his  successor  is  duly  elected  and  qualified; 
and  the  judge  elected  for  the  long  term  shall  enter  upon  the 
duties  of  his  oflQce  on  the  second  Tuesday  of  January,  1905,  and 
hold  office  for  the  term  of  four  (4)  years,  and  until  his  successor 
is  duly  elected  and  qualified;  and  except  as  otherwise  herein 
provided,  the  judges  of  the  county  court  shall  be  elected  one 
every  two  years  and  each  for  the  term  of  four  years,  and  said 
judges  shall  be  elected  at  the  same  time  and  manner  as  other 
officers  of  the  city  and  county,  and  at  the  general  city  and  county 
election  next  preceding  the  expiration  of  the  respective  terms  of 
office  of  the  judges  in  office.  In  case  of  a  vacancy  occurring,  from 
any  cause,  the  mayor,  by  and  with  the  consent  of  the  board  of 
supervisors,  shall  appoint  a  person,  possessing  the  qualifications 


61 

herein  provided  for  count}'  judges,  to  act  as  such  judge  until  his 
successor  is  duly  elected  and  qualified,  and  at  the  general  city 
and  county  election  next  following  such  vacancy  a  judge  shall  be 
elected  to  hold  office  until  the  end  of  the  unexpired  term,  provided 
such  vacancy  occurs  more  than  forty-five  days  before  such  elec- 
tion. 

Reports  to  Mayor — Annual — February  1st. 

Section  140.  On  or  before  the  first  day  of  February  in  each 
year,  the  clerk  shall  make  a  report  to  the  mayor  for  the  preceding 
fiscal  year,  giving  the  following  information  as  to  probate,  ju- 
venile, civil  and  criminal  business  of  said  courts,  separately  ar- 
ranged ;  the  number  of  cases  appealed  to  and  commenced  in  said 
courts,  the  trial  docket  number  of  all  cases  appealed  to  and 
commenced  in  and  pending  in  said  courts,  number  of  judgments 
rendered,  what  appeals  have  been  taken  therefrom  and  to  what 
courts,  the  amount  of  fees,  costs,  fines,  penalties  and  forfeitures 
imposed  and  the  amount  thereof  collected,  and  such  other  infor- 
mation as  the  mayor  or  council  may  require. 

MUNICIPAL  AND   JUSTICE   COURTS. 

Creation  of — Judge,  Term  of  Office — Appointed  by  Mayor — Qual- 
ifications— Vacancy — Three  Justices . 

Section  141.  1.  A  Municipal  Court  of  the  City  and  County 
of  Denver  is  hereby  created  and  established,  and  shall  be  pre- 
sided over  by  a  Municipal  Judge,  whose  term  of  office  shall  be 
for  four  years  or  until  his  successor  shall  be  appointed  and  qual- 
ified. The  Municipal  Judge  shall  be  appointed  by  the  M'ayor  of 
the  City  and  County  of  Denver  upon  the  adoption  of  this  amend- 
ment. The  Municipal  Judge  shall  be  a  duly  licensed  attorne}' 
and  a  qualified  elector  of  the  City  and  County  of  Denver.  In 
case  a  vacancy  shall  occur  in  such  office,  it  shall  be  filled  for  the 
unexpired  term  by  appointment  by  the  Mayor.  In  case  of  absence 
from  the  city  and  county  or  inability  of  such  Municipal  Judge 
to  act,  the  Mayor  shall  call  in  a  justice  of  the  peace  of  said  city 
and  county  to  act  in  said  Judge's  stead,  and  who  shall  have  and 
possess  the  powers  and  jurisdiction  of  said  Municipal  Judge  while 
so  acting. 

The  justices'  courts  of  the  city  and  county  shall  consist  of 
three  justices  of  the  peace,  and  no  person  shall  be  eligible  to  said 
office  unless  he  shall  have  been  for  three  years  preceding  his  elec- 
tion duly  qualified  to  practice  as  attorney  and  counsellor  at  law 
in  all  the  courts  of  this  state.  Except  as  herein  otherwise  pro- 
vided, the  terms  of  office  of  said  justices  shall  be  for  two  years. 

Jurisdiction — Oath,  Etc. 

2.  The  Municipal  Court  shall  have  exclusive  original  juris- 
diction of  all  cases  arising  under  the  Charter  and  Ordinances  of 
the  City  and  County  of  Denver,  the  ])Ower  to  carry  the  same 
into  effect  bj-  the  imposition  of  such  fines  and  penalties  as  may 


62 

be  thereby  provided,  to  compel  the  attendance  of  witnesses,  and 
to  pnnisli  for  contempt  by  fine  not  to  exceed  twenty-five  dollars. 
The  said  Municipal  Judge  shall  take  oath  of  ofQce  as  provided  in 
Section  151  of  the  Charter,  and  shall  give  bond  to  the  City  and 
County  of  Denver  in  the  sum  of  five  thousand  dollars,  conditioned 
for  the  faithful  performance  of  his  duties  as  Municipal  Judge, 
which  bond  shall  be  approved  by  the  Mayor. 

Make  Rules. 

3.  The  Municipal  Judge  shall  have  full  power  and  authority 
to  make  and  adopt  rules  and  regulations  for  conducting  the 
business  of  said  Municipal  Court. 

Daily  Sessions  Except. 

1.  The  Municipal  Judge  shall  hold  regular  sessions  of  his 
court  every  day,  Sundays  and  legal  holidays  excepted,  for  the 
trial  of  cases,  and  shall  hear  and  determine  complaints  for  the 
violation  of  any  city  ordinance  where  there  is  probable  cause  to 
believe  that  an  offense  has  been  committed. 

Appeals. 

5.  Until  changed  by  ordinance,  the  procedure  relating  to 
appeals  prescribed  in  Section  4971  of  the  Revised  Statutes  of 
Colorado  of  1908,  shall,  so  far  as  applicable,  govern  the  said 
Municipal  Court  and  appeals  therefrom. 

Clerk,  Bailiff,  Etc. — Powers  and  Duties  of — Oath,  Bond,  Etc. 

6.  The  Municipal  Judge  shall  appoint  a  clerk,  bailiff,  and 
such  assistants  as  may  be  provided  by  ordinance.  The  duties  of 
the  clerk  shall  be  to  keep  a  register  of  the  actions  in  said  court 
and  a  record  of  the  proceedings  in  each  case,  including  all  fees 
and  money  collected,  an  index  thereof,  and  prepai^e  a  docket  for 
said  Court,  in  which  the  judgments  in  each  case  shall  be  noted 
by  the  Judge  thereof.  The  said  clerk  shall  have  power  to  ad- 
minister oaths  and  affirmations,  which  he  shall  do  when  requested 
in  all  matters  in  said  Municipal  Court,  and  shall  issue  all  Avrits, 
summons,  and  executions  in  all  cases  brought  for  the  violation  of 
provisions  of  the  Charter  or  Ordinances,  collect  all  fees,  fines,  pen- 
alties and  costs,  and  when  requested  shall  prepare  all  avrits  and 
other  papers  pertaining  to  the  business  of  said  Court.  Upon  the 
filing  of  a  verified  complaint,  said  clerk  shall  issue  a  summons 
or  warrant,  fixing  the  return  day  thereof  at  a  date  not  earlier 
than  the  next  session  of  said  Court  and  not  later  than  three  days 
after  the  service  of  the  same.  Said  clerk  shall  take  oath  of  office 
as  is  provided  in  Section  151  of  the  Charter,  and  shall  give  a 
bond  in  the  sum  of  five  thousand  dollars  to  the  city  and  county, 
conditioned  for  the  faithful  performance  of  his  duties  and  the 
paying  over  of  all  moneys,  fees,  fines,  and  penalties  collected  by 
him,  and  shall  perfor-m  such  other  duties  as  shall  be  imposed  by 
ordinance. 


63 

The  bailiff  of  said  Court  shall  attend  upon  the  same,  preserve 
order  therein,  serve  all  warrants,  summons,  executions  and  other 
papers  issued  by  said  Court,  and  perform  such  other  duties  as 
may  be  required  by  the  Municipal  Judge  and  by  ordinance,  and 
shall  execute  a  bond  to  the  city  and  county  in  the  sum  of  two 
thousand  dollars,  conditioned  for  the  faithful  performance  of  his 
duties  as  such  bailiff. 

Any  and  all  process  issued  out  of  said  Court  may  be  served 
both  by  the  bailiff  of  said  Court  and  any  acting  police  officer  of 
said  Citj'  and  county. 

Salaries. 

7.  The  salary  of  the  Municipal  Judge  shall  be  twenty-five 
hundred  dollars  per  annum,  and  .the  clerk  and  bailiff  of  said 
Court  shall  each  receive  such  salary  as  is  now  or  may  be  provided 
by  ordinance. 

Takes  Effect. 

8.  This  amendment  shall  take  effect  on  the  first  day  of  June 
after  its  adoption. 

Sections  142  to  148,  Inclusive — Repealed. 

9.  Sections  142  to  148,  inclusive,  of  the  Charter  of  the  city 
and  county  are  her-eby  repealed. 

(New  section  adopted  May  17,  1910.) 

ARTICLE  V. 

OFFICERS  AND   SALARIES. 

Qualifications  of  Elective  Officers. 

Section  149.  Except  as  herein  otherwise  provided,  Avhen 
elected,  officers  must  not  be  less  than  twenty-five  years  old,  and 
citizens  of  the  United  States  for  five  years,  and  all  officers,  in 
addition  to  other  qualifications  required,  must  be  electors)  of  the 
city  and  countv'. 

Boards — Commissions — Heads  of  Departments — Qualifications — 

Appointments. 

Section  150.  Except  as  otherwise  provided,  boards,  commis- 
sions and  heads  of  departments  shall  be  apointed  b}'  the  mayor, 
and  shall  possess  the  same  qualifications  required  of  elective 
officers  by  the  preceding  section,  and  hold  office  during  his 
pleasure. 

Oath  of  Office. 

Section  151.  Before  entering  upon  the  duties  of  his  office, 
every  officer  elected  or  appointed  shall  take  and  subscribe  before 
a  judge  of  a  court  of  record,  and  file  with  the  clerk  of  the  city 
and  county,  an  oath  or  affirmation  that  he  will  support  the  con- 
stitution of  the  United  States  and  of  the  state  of  Colorado,  the 
charter  and  ordinances  of  the  city  and  county,  and  will  fnitlifully 
perform  the  duties  of  the  office  upon  which  he  is  about  to  enter. 


64 

Bonds  of  Officers. 

Section  152'.  The  following  named  oflflcers  shall  each  give 
an  official  bond,  with  good  and  sufficient  surety,  to  be  approved 
by  the  mayor,  conditioned  among  other  things  for  the  faithful 
performance  of  each  and  all  of  the  duties  of  their  respective 
offices,  without  fraud,  deceit  or  oppression,  and  the  accounting 
for  all  moneys  and  propei-ty'  coming  into  their  hands  and  the 
prompt  and  faithful  payment  of  all  moneys,  and  the  delivering 
up  of  all  property  coming  into  their  custody,  to  their  successors 
in  office,  possession  or  control  belonging  to  the  city  and  county. 

The  penalties  in  the  bonds  required  by  this  section;  shall  be 
as  follows:  For  auditor,  engineer,  commissioner  of  supplies, 
building  inspector,  assessor,  sheriff,  clerk  of  county  court,  each 
count3'  judge,  ten  thousand  dollars;  clerk,  recorder,  each  mem- 
ber of  the  fire  and  police  board,  each  member  of  the  board  of 
public  wiorks,  five  thousand  dollars;  coroner,  two  thousand  dol- 
lar's; county  superintendent  of  schools,  one  thousand  dollars. 
The  council  shall  have  power  by  ordinance  to  impose  additional 
conditions  in  said  bonds,  or  to  change  the  amount  of  the  pen- 
alties; Provided,  hotvever^  That  the  amount  of  the  penalty  in 
each  bond  shall  not  be  less  than  in  this  section  provided.  Except 
as  othei'Avise  herein  provided,  official  bonds  shall  be  given  by  such 
other  officers  and  employes,  in  such  amounts  and  so  conditioned, 
as  may  be  provided  by  law  or  by  ordinance;  and  until  so  pro- 
vided, such  official  bonds  shall  be  so  conditioned,  and  in  such 
amounts  as  the  mayor,  auditor  and  treasurer  may  require. 

Salaries  of  Officers — Employees — Definition. 

Section  153.  The  following  annual  salaries  shall  be  paid 
to  officers  named  in  the  various  departments:  Mayor,  six  thou- 
sand dollars;  attorney,  assessor,  each  four  thousand  six  hun- 
dred dollars;  county  judge,  auditor,  treasurer,  sheriff,  engineer, 
four  thousand  six  hundred  dollars;  president  of  the  board  of 
public  works,  commissioner  of  health,  four  thousand  dollars; 
recorder,  three  thousand  six  hundred  dollars;  clerk,  commis- 
sioner of  highways,  commissioner  of  excise,  clerk  of  the  county 
court,  chief  of  police,  chief  of  the  fire  department,  commissioner 
of  supplies,  three  thousand  dollars;  under  sheriff,  first  assistant 
attorney,  electrician,  building  inspector,  commissioner  of  police, 
commissioner  of  fire,  two  thousand  five  hundred  dollars;  each 
justice  of  the  peace,  and  each  county  court  stenographer,  two 
thousand  dollars;  second  assistant  attorney,  boiler  and  elevator 
inspector,  superintendent  of  street  sprinkling,  eighteen  hundred 
dollars;  each  constable,  third  assistant  attorney,  president  of  the 
board  of  supervisors,  fifteen  hundred  dollars;  each  clerk  of  jus- 
tice of  the  peace,  each  deputy  constable,  attorney's  stenogi'apher, 
each  supervisor,  president  of  the  board  of  aldermen, "market 
master,  twelve  hundred  dollars;  each  alderman,  each  election 
commissioner,  one  thousand  dollars;  coroner,  county  superintend- 
ent of  schools,  nine  hundred  dollars. 


65 

The  members  of  the  police  department  shall  each  receive  the 
following-  annual  salary :  Captain  of  detectives,  eightet^n  hun- 
dred dollars;  police  captains,  fifteen  hundred  dollars;  police  and 
desk  sergeants,  roundsman  with  rank  of  sergeant,  custodian  of 
stolen  goods,  twelve  hundred  and  sixty  dollars;  detectives,  police 
surgeons,  twelve  hundred  dollars;  jailors,  eleven  hundred  forty 
dollars;  patrolmen,  ambulance  drivers,  patrol  wagon  drivers,  po- 
lice operators,  ten  hundred  twenty  dollars.  The  number  of  pa- 
trolmen shall  not  be  less  than  one  hundred  and  twenty-five  nor 
shall  there  be  more  patrolmen  at  any  time  than  one  for  every 
one  thousand  population  as  shown  by  the  last  preceding  Ignited 
States  census.  The  members  of  the  fire  department  shall  each 
receive  the  following  annual  salary:  Assistant  chiefs,  chief's 
secretary,  fifteen  hundred  dollars;  captains,  twelve  hundred  dol- 
lar; engineers,  machinists,  eleven  hundred  forty  dollars;  lieu- 
tenants, ten  hundred  eight}'  dollars;  assistant  engineers,  ten 
hundred  fifty  dollars;  hosemen,  laddermen,  drivers,  operators, 
fire  wardens,  assistant  machinists,  ten  hundred  twenty  dollars. 
-^  All  i>ersons  in  the  employ  of  the  city  and  county,  or  any  of 
the  departments  thereof,  whose  salai'y  or  compensation  is  not 
fixed  by  this  charter,  are  hereby  declared  to  be  employes,  and 
except  as  herein  otherwise  provided  the  council  shall,  by  ordi- 
nance, provide  for  their  compensation  and  for  the  terms,  condi- 
tions and  duties  of  their  respective  employment;  and  until  such 
compensation  has  been  fixed  by  ordinance,  as  aforesaid,  the  same 
shall  remain  as  now  pro\ided  by  the  general  statutes  or  the  ordi- 
nances. 

Takes  Effect — Salary  of  Firemen  and  Policemen — Grades — De« 
tective  Office  Abolished — Who  Perform  Duties,  Etc. 
Section  153-a.  On  and  after  January  1st,  A,  D.  1911,  the  fire 
department  shall  consist  of  the  following  otficers  and  members, 
who  shall  respectively  receive  the  following  annual  salaries: 
Chief  of  the  fii*©  department,  three  thousand  six  hundred  dollars ; 
deputy  chief,  two  thousand  four  hundred  dollars;  assistant  chiefs, 
two  thousand  one  hundred  dollars;  superintendent  of  fire  alarm, 
secretary  of  fire  departments,  one  thousand  eight  hundred  dol- 
lars; captains,  assistant  superintendent  of  fire  alarm,  and  ma- 
chinists, one  thousand  three  hundred  and  eight}-  dollars;  lieuten- 
ants, engineers,  one  thousand  two  hundred  and  sixty  dollars; 
assistant  engineers,  one  thousand  one  hundred  and  seventy  dol- 
hirs;  carpenters,  fire  wardens,  linemen,  operators,  firemen  of  the 
first  grade,  one  thousand  one  hundred  and  forty  dollars;  firemen 
of  the  second  grade,  one  thousand  and  eighty  dollars;  firemen  of 
the  third  grade,  one  thousand  and  twenty  dollars;  firemen  of  the 
fourth  grade,  nine  hundred  and  sixty  dollars. 

On  and  after  January  1st,  A.  D.  1911,  the  police  department 
shall  consist  of  the  following  officers  and  members  who  shall  re- 
spectively receive  the  following  annual  salaries:  Chief  of  j)olice, 
three  tlumsand  six  hundred  dollars;  deputy  chief,  two  thousand 


66 

four  hundred  dollai*s;  captainsi  of  police,  two  thousand  one  hun- 
dl-ed  dk)nai-s;  street  sergeants,  desk  sergeants,  jailers,  custodian 
of  stolen  goods,  police  surgeons,  one  thousand  three  hundred  and 
eighty  dollars;  patrolmen  of  the  first  grade,  operators,  one  thou- 
siind  one  hundred  and  forty  dollars;  patrolmen  of  the  second 
grade,  one  thousand  and  eighty  dollars;  patrolmen  of  the  third 
grade,  ma,ti'on,  one  thousand  and  twenty  dollars;  patrolmen  of 
the  fourth  grade,  nine  hundred  and  sixty  dollars. 

A  fireman  or  patrolman  of  the  fourth  grade  shall  be  one  who 
has  served  for  less  than  one  year.  A  fireman  or  patrolman  of  the 
third  grade  shall  be  one  who  has  served  for  one  year  or  more, 
and  less  than  two  years.  A  fireman  or  patrolman  of  the  second 
grade  shall  be  one  who  has  served  for  two  years  or  more,  and 
less  than  thi'ee  years.  A  fireman  or  patrolman  of  the  first  grade 
shall  be  one  who  has  served  for  three  years  or  more. 

Upon  the  adoption  of  thds  amendment,  the  office  of  detective 
as  such  shall  be,  and  the  same  is  hereby  abolished.  The  chief  of 
police  shall  assign  the  deputy  chief,  or  a  police  captain,  to  have 
charge  of  all  detective  work  under  the  general  supervision  of  the 
chief  of  police.  The  chief  of  police  shall,  at  such  times  as  he  may 
see  fit,  designate  patrolmen  to  perform  detective  work  under  the 
orders  of  the  officer  assigned  to  have  charge  of  such  work,  each 
of  which  such  patrolmen  shall,  so  long  as  thus  engaged,  receive 
the  sum  of  one  hundred  and  ten  dollars  per  month.  All  persons 
who  at  the  time  of  the  adoption  of  this  amendment  are  occupy- 
ing the  office  of  detective  shall  thereupon  become  patrolmen. 

Any  provision  of  the  charter  in  conflict  herewith  or  any 
part  hereof  and  i)articularly  any  portion  of  Section  153  which 
creates  or  provides  for  any  officer  or  member  of  the  fire  or  police 
departments  other  than  named  herein,  shall  be.  and  the  same  is 
lierebj^  repealed. 

(New  section  adopted  May  17,  1910.) 
Boards,  Etc. — Assistants — Hov7  Employed. 

Section  154.  Heads  of  all  departments,  boards  and  commis- 
sions shall,  within  their  respective  appropriations,  employ  such 
otlier  av.sistants  as  may  be  needed,  and  pay  such  reasonable  sal- 
aries as  tliey  may  determine. 

Officers — Boards'  and  Commissions'  Records  Public. 

Section  155.  All  officers,  boards  and  commissions  in  addi- 
tion to  their  spe<'ified  duties,  shall  render  such  other  service  as 
may  be  required  by  ordinance.  All  boards  and  commissions  shall 
keep  a  record  of  their  proceedings,  their  meetings,  and  all  their 
official  documents,  and  records  shall  be  public. 

Officers  Who  Perform  Duties  of  County  Officers. 

Section  150.  Except  as  otherwise  herein  provided,  the  offi- 
cers who  shall  respectively  perform  the  acts  and  duties  required 
of  county  officers  to  be  done  by  the  constitution  and  the  general 


07 

laws,  in  all  cases  not  specifically  provided  for,  so  far  as  appli- 
cable, sliall  be  as  folloAvs:  The  county  judges  shall  perform  the 
ajct's  and  duties  required  of  county  judges;  justices  of  the  peace, 
the  acts  and  duties  required  of  justices  of  the  peace;  constables 
and  deputy  constables,  the  acts  and  duties  required  of  constables; 
the  engineer,  the  acts  and  duties  required  of  county  surveyor; 
the  board  of  supervisors,  the  acts  and  duties  required  of  boards 
of  county  commissioners;  the  board  of  supervisors  shall  act  as 
a  board  of  equalization  and  perform  the  acts  and  duties  re- 
quired of  a  board  of  county  commissioners  when  sitting  as  a 
board  of  equalization ;  the  assessor,  the  acts  and  duties  refjuired 
of  county  assessors ;  the  treasurer,  the  acts  and  duties  of  a  county 
treasurer;  the  sheritf,  the  acts  and)  duties  required  of  sheriff; 
under-sheriffs,  the  acts  and  duties  required  of  under-sheriff's; 
deputy'  sheriffs,  the  acts  and  duties  required  of  deputy  sheriffs; 
recorder,  tlie  acts  and  duties  required  of  county  clerk  as  ex- 
officio  recorder;  the  coroner,  the  acts  and  duties  required  of  cor- 
oner; the  election  commission,  the  acts  and  duties  required  of  a 
board  of  county  commissioners,  county  clerks  and  justices  of  the 
peace  in  all  matters  pertaining  to  registration  and  elections. 

In  case  no  officer  has  been  specially  mentioned  to  perform 
the  duties  of  any  county  officer,  or  in  case  any  new  county  office 
ia  created,  then  such  office  shall  be  filled  by  appointment  by  tlie 
mayor,  who  shall  appoint  thereto  some  official  of  the  cit}'  and 
counts',  who  shall  thereafter  perform  the  acts  and  duties  re- 
quii-ed  by  the  constitution  or  by  the  general  laws  to  be  done 
by  such  county  officer. 

Conservators  of  the  Peace. 

Section  157.  The  mayor,  members  of  the  council  and  all 
members  of  the  fire  and  police  board,  are  hereby  made  con- 
servators of  the  peace  and  are  autliorized  to  make  arrests,  either 
with  or  without  process,  of  any  offender  against  the  laws  of  the 
state  or  the  ordinances  of  the  city  and  county,  and  with  all  the 
powers  herein  conferred  upon  the  chief  of  police. 

Health  Officers  Have  Police  Power. 

Section  158.  The  health  commissioner  and  all  health  in- 
spectors, and  such  persons  as  are  detailed  to  have  charge  of  the 
city  and  county  dumps,  in  the  line  of  their  respective  duties,  shall 
have  the  same  powers  as  policemen. 

Fees — Collection — Payment  to  Treasurer. 

Section  159.  All  fees  and  com}:^nstation  of  any  kind  allowed 
to  count}'  officers  by  law  shall  be  colleirted  by  the  officers  desig- 
niated  to  i)erform  the  acts  and  duties  required  of  county  officers 
and  paid  to  the  treasurer  as  in  the  charter  provided,  and  no  offi 
cer  shall  be  paid  any  fee  or  compensation  beyond  that  fixed  by  the 
charter. 


68 

OflBcers  Deliver  Books,  Etc.,  to  Successor, 

Section  100.  Officers  shall  deliver  all  books,  records  and 
pi'operty  belonjjing  to  tlie  city  and  county;  to  their  successors  in 
office,  who  shall  give  duplicaite  recedpts  therefor,  one  of  which 
shall  be  filed  with  the  auditor. 

Appointive  Officers  and  Employees  Must  Pay  for  Family  Necessi- 
ties. 

Section  IGl,  Every  appointive  officer  and  employe  under  the 
city  and  count}-  government  shall  be  required  to  pay,  with  rea- 
sonable promptness,  his  debts  and  liabilities  incuii'ed  after  his 
employment  for  all  family  necessities,  including  the  ordinary 
necessary  expenses  of  daily  life;  and  if  any  such  officer  or  employe 
shall  fail  or  refuse  so  to  do,  after  reasonable  notice  from  the 
head  of  his  department,  every  such  officer  or  employe  so  in  de- 
fault shall  be  removed  and  dismissed  from  the  public  ser\ice. 

Policemen  and  Firemen — Temporary  Disability — Full  Pay. 

Section  102.  All  members  of  the  police  and  fire  department 
shall  be  enfitled  to  and  shall  receive  full  pay  for  such  time  as 
they  may  be  temporarily  incapacitated  from  service,  on  account 
of  injiu-ies  received  or  sickness  contracted  while  in  the  perfomi- 
ance  of  their  duties  as  members  of  said  department,  said  allow- 
ance or  pay  to  be  approved  by  the  chief  of  said  department  and 
the  proper  examining  physician,  they  shall  also  be  entitled  to  a 
vacation  of  fifteen  days  each  year  with  full  pay  during  such 
time. 

IMPEACHMENT    AND    REMOVAL    FROM    OFFICE. 

Impeachment. 

Section  103.  The  mayor  may  present  to  the  board  of  alder- 
mien  charges  for  impeachment  against  any  elective  officer,  and 
said  board,  by  a  three-fourths  vote,  may  prefer  articles  of  im- 
peachment against  such  elective  officer.  The  board  of  aldermen, 
by  a  three-fourths  vote,  may  prefer  articles  of  impeachment 
against  the  mayor  or  any  other  elective  officer. 

Impeachments — Trial  of. 

Section  104.  All  impeachments,  except  against  members  of 
the  board  of  supervisors,  shall  be  tried  by  the  board  of  super- 
visors, and  at  such  trial  one  of  the  judges  of  the  county  court 
shall  preside  and  determine  all  questions  of  law.  All  questions 
of  fact  shall  be  determined  by  the  board  of  supervisors,  but  said 
cxmnty  judge  shall  not  have|a  vote  in  determining  any  question 
of  fact.  The  board  of  supervisors  shall  determine  the  guilt  or 
iniio(-ence  of  the  accused',  but  there  shall  be  uo  conviction  upon 
the  charges  set  forth  in  the  articles  of  impeachment  unless  five 
of  the  members  of  the  board  of  supervisors  vote  for  such  convic- 
tion, in  which  case  their  decision  shall  be  final. 

All  impeachments  against  members  of  the  board  of  super 
visors  shall  be  tried  by  the  county  court.     All  questions  of  fact 


69 

in  any  such  inipeachnient  case  shall  be  determined  by  a  jury  of 
twelve  free  holders,  and  the  decision  of  the  court  shall  be  final. 

The  attorney  shall  prosecute  articles  of  impeachment,  but 
the  board'  of  supervisors  shall  have  power  to  employ  other  or 
additional  counsel. 

Impeachment  of  Elective  Officers. 

Section  165.  Elective  officers  may  be  impeached  only  for 
high  crimes,  malfeasance,  ov  corrupt  practices  in  office,  but  juilg- 
ment  in  such  case  shall  only  extend  to  removal  from  office  and 
disqualification  to  hold  any  office  of  honor,  trust  or  profit  in 
the  city  and  county.  Such  officers,  whether  acquitted  or  con- 
victed, shall,  nevertheless,  be  liable  to  prosecution,  trial,  judg- 
ment and  punishment  according  to  law. 

ARTICLE  VI. 

ELECTIONS. 

General  Election — Third  Tuesday  in  May. 

Section  166.  A  general  city  and  county  election  shall  be  held 
in  the  various  precincts  in  the  city  and  county  of  Denver  on  the 
third'  Tuesday  in  May,  A.  D.  1904,  and  every  two  years  there- 
after, by  the  qualified  electors  thereof. 

Elective  Officers. 

Section  167.  At  the  first  city  and  county  election  there 
shall  be  elected  a  mayor,  sheriff,  auditor,  assessor,  treasurer, 
clerk,  recorder,  coroner,  county  superintendent  of  schools,  two 
judges  of  tlie  county  court,  sixteen  aldermen,  seven  supervisors, 
three  justices  of  the  peace,  three  constables. 

Term  of  Office — Four  Years,  Exceptions. 

Section  168.  The  term  of  all.  elective  officers,  except  as 
otherwise  provided  herein,  shall  commence  on  the  first  secular 
day  of  June  following  their  election,  and,  except  as  otherwise 
provided  herein,  shall  be  four  years  and  until  their  successors 
are  elected  and  qualified. 

ELECTION    COMMISSION. 

Who  Constitute. 

Section  169.  A  temporary  election  commission  is  hereby 
created,  and  Francis  F.  Graves,  Edward  C  Soetje  and  Harry  C. 
Riddle  are  hereby  named  to  serve  as  commissioners  thereof  until 
their  successors,  who  shall  be  elected  at  the  election  to  be  held 
hereunder  in  May,  A.  D.  1906,  qualify. 

Election  of. 

Sof;tion  170.  At  the  second  general  city  and  county  election 
held  hereunder  for  the  election  of  officers,  there  shall  be  elected 
three  persons  possessing  the  qualifications  herein  mentioned,  who 
shall  constitute  an  election  commission. 


70 

Qualifications. 

Swtioii  171.  At  the  time  of  Ms  election  or  appointment, 
each  commissioner  shall  be  at  least  twenty -five  years  of  age,  a 
duly  qualified  elector  and  tax  payer  in  and  for  the  city  and 
county,  and  have  been  a  citizen  of  the  United  States  for  at  least 
five  years. 

Candidate  on  One  Ticket  Only — Only  Two  Candidates  on  Any> 

Ticket. 

Section  172.  Persons  possessing  the  qualifications  herein 
mentioned  may  be  nominated  for  the  office  of  election  commis- 
sioner in  the  same  manner  as  is  prescribed  by  general  law  for 
the  Domination  of  candidates  for  other  city  and  county  offices; 
Provided,  hoioever,  the  same  person  shall  not  be  placed  as  a  can- 
didate upon  more  than  one  ticket,  nor  shall  there  be  more  than 
two  c^nndidates  for  the  said  office  upon  any  one  ticket.  The  three 
persons  receiving  the  greatest  number  of  votes  shall  be  the  elec- 
tion commissioners. 

Vacancy — Appointment — Nomination  by  Chairman  of  Party. 

Section  173.  Should  the  office  of  any  election  commissioner 
become  vacant,  the  mayor  shall  forthwith  fill  such  vacancy  by 
appointing  to  said  office  such  person  as  shall  be  nominated  by 
the  chairman  representing  the  political  party,  or  the  person  rep- 
resenting the  ticket,  of  which  the  commissioner  whose  office  be- 
comes vacant  was  at  the  time  of  his  election  or  appointment  a 
representative.  ■ 

Each  Member  May  Appoint  One  Judge  of  Election  in  Each  Pre- 
cinct. 

Section  174.  Each  member  of  said  commission  shall  have 
the  right  and  power,  and  it  shall  be  his  duty,  to  appoint  annual- 
ly one  of  the  three  election  judges  in  each  precinct;  Provided, 
hotcever,  that  one  of  the  said  judges  shall  be  of  different  politi- 
cal faith  from  either  of  the  other  two ;  all  of  whom  shall  be  qual- 
ified electors  of  the  precinct. 

The  judges  of  election  in  each  precinct,  to  be  appointed  as 
aforesaid,  shall  be  over  the  age  of  twenty-five  (25)  years,  and 
said  judges  of  each  election  precinct  shall  appoint  two  clerks  for 
each  election,  but  such  clerks  shall  not  both  be  of  the  same  po- 
litical faith.  The  conduct,  management  and  control  of  the  reg- 
istration of  voters,  and  of  the  holding  of  elections,  canvassing 
the  returns  thereof  and  issuing  certificates  of  election,  and  of 
all  other  matters  pertaining  to  elections  in  the  city  and  county, 
shall  be  vested  exclusively  in  and  exercised  by  the' election  com- 
mission, Avhich  shall  perform  all  the  duties,  joint,  several  or 
otherwise  of  city  and  county  officers  or  employes  required  to  be 
done  by  the  constitution  or  by  general  law  in  relation  thereto, 
and  the  action  of  the  commission  on  all  questions  passed  upon 
by  it  shall  be  final ;  Provided,  however,  at  the  first  election  here- 
under the  said  temporary  commission  mav  use  as  its  registration 


71 

of  voters  the  permanent  registration  prepared  by  tlie  clerk,  who 
shall  deliver  to  said  election  commission  such  permanent  regis- 
tration records,  ballot  boxes,  registration  and  election  blanks  and 
stationery  in  his  custody  not  later  than  tAventy  days  after  the 
day  of  election  for  the  charter,  in  case  the  same  shall  be  adopted. 

Primary  Elections. 

Section  175.  The  temporary  election  commission  named 
herein  shall  have  full  power  to  make  and  enforce  rules  for  the 
management  and  conduct  of  primary  elections  and  shall  upon 
written  request  of  either  side  of  any  controversy  growing  out  of 
primary  elections  hear  and  determine  such  controversy. 

Canvass  of  Returns. 

Section  17G.  The  election  commission  shall  meet  within 
five  days  after  every  election  and  canvass  the  returns  thereof,  and 
forthwith  issue  a  certificate  of  election  to  the  persons  entitled 
thereto.  All  meetings  of  the  election  commission  shall  be  open 
to  the  public. 

Tie  Vote — Cast  Lots. 

Section  177.  If  the  election  of  any  officer  or  officers  shall 
fail,  in  consequence  of  a  tie  vote  between  two  or  more  persons 
for  the  same  office,  the  election  commission  shall  cast  lots  among 
those  persons  having  a  tie  vote,  in  such  manner  as  they  shall  firs^.. 
prescribe  by  resolution,  and  the  person  who  shall  be  successful 
according  to  the  terms  of  such  resolution,  in  the  casting  of  such 
lots,  shall  be  declared  elected. 

General  Law  Govern. 

Section  178.  The  general  law  concerning  elections,  including 
that  in  relation  to  the  qualification  of  electors,  registration  of 
voters,  the  nomination  of  candidates,  calling  and  conduct  of  elec- 
tions, the  form  of  ballots  therefor,  canvassing  of  the  returns 
thereof,  issuing  of  certificates  of  election  and  the  punishment  of 
election  frauds  and  offenses,  shall  be  in  full  force  and  effect  in 
the  city  and  county,  except  as  otherwise  pro\ided  herein. 

Questions  Submitted  to  Popular  Vote — Form  of  Ballot,  Etc. 

Section  179.  At  any  election  at  which  any  measure,  charter 
umendiuent,  proposal  for  a  charter  convention  or  ordinance,  shall 
be  submitted  to  a  vote  of  the  qualified  electors,  the  official  ballot 
shall,  by  proper  words  to  be  provided  by  ordinance,  show  the 
nature  of  the  measure,  charter  amendment,  proposal  for  a  chijir- 
ter  convemtion  or  ordinance,  to  be  voted  upon,  and  shall  give 
to  each  voter  the  right  to  place  a  cross  mark  upon  his  ballot 
showing  clearly  his  intention  to  vote  for  or  against  said  measure, 
charter  amendment,  proposal  for  a  charter  convention  or  ordi- 
nance, and  in  case  any  separate  or  alteniative  i)roposition  or 
propositions^  be  submitted,  the  ballot  shall  be  prepared  so  as  lo 
enable  the  voter  to  express  his  intention  in  regard  to  each  prop- 
osition. 


Officer  Becoming  Ineligible. 

Section  ISO.  Im  case  any  officer  of  the  city  and  county  ghall 
become  ineligible  during  his  term  of  office,  his  office  shall  thereby 
become  vacant. 

Officer  or  Employee — Not  to  Be  Interested  in  City  Contract. 

Section  181.  No  officer  or  employe  of  the  city  and  county 
shall  be  interested,  directly  or  indirectly,  in  any  contract  with 
thecity  and  county,  or  be  in^  the  employ  of  any  person  having  any 
conti'act  with  the  city  and  county. 

Contested  Elections. 

Section  182.  All  cases  of  contested  elections  shall  be  tried 
under  the  proeednre  prescribed  by  general  law  by  the  county 
cour-t,  except  a  contest  for  the  office  of  county  judge,  which  shall 
be  tried  as  prescribed  by  general  law,  and  except  as  otherwise 
pro\ided  herein. 

Offices  and  Supplies  for  Commission. 

Section  18o.  The  council  shall  immediately  upon  the  adop- 
tion of  tMs  charter  provide  the  election  commission  with  suitable 
offices  and  supplies,  and  said  commission  is  hereby  authorized 
A\'ithin  its  aippropriation  to  employ  such  assistants  at  the  ex- 
]>ense  of  the  city  and  county  as  may  be  necessary  to  enable  it  to 
fulfill  its  duties. 

Present  Officers  Continue  Until  Successors  Elected. 

Section  184.  The  officers  and  employes  of  the  city  and 
county  at  the  time  of  the  adoption  of  this  charter  shall  continue 
in  office  and  perform  the  acts  and  duties  of  their  respective  posi- 
tions until  the  election  or  appointment  of  their  successors  or  of 
the  officers  who  are  to  perform  their  respective  duties  as  herein 
provided,  and  except  as  herein  provided  concerning  the  election 
and  eivil  service  commissions,  the  powers  and  duties  to  be  ex-  * 
ercised  or  performed  by  the  officers  or  employes  provided  by  this 
charter  shall  not  become  effective  until  the  officers  elected  at 
the  first  municipal  election  hereunder  shall  have  qualified. 

ARTICLE  VII. 

CIVIL   SERVICE. 

Commission— Who  Constitute— Appointment — Term,  Six  Years- 
Removal. 

Section  185.  There  is  hereby  created  a  civil  service  com- 
mission, composed  of  Daniel  B.  Carey,  J.  Frank  Adams  and 
Frederick  J.  Chamberlin,  who  shall  serve  two  years  from  and 
after  the  adoption  of  this  charter.  As  successors  of  said  commis- 
sioners the  mayor  shall  tliereafter  appoint  three  persons  of  known 
devotion  to  civil  service  reform  as  civil  service  commissionei-s. 
to  serve,  one  for  six  years,  one  for  four  years  and  one  for  two 
years  from  tlie  date  of  their  appointment,  and  until  their  respect- 


73 

ive  siiccessiors  are  appointed  and  qualified,  and  every  alternate 
year  tliereafter,  the  mayor  shall  appoint  one  person  as  the  suc- 
cessor of  that  commissioner  whose  term  shall  expire  in  that 
year,  ta  serve  for  the  term  of  six  years  from  the  date  of  his  ap- 
pointment and  until  his  succesisor  is  appointed  and  qualified. 
Any  vacancy  occurring  in  the  office  of  commissioner  shall  be 
filled  for  the  unexpired  term  by  appointment  as  above  provided. 
All  appointments,  both  original  and  to  fill  vacancies,  shall  be  so 
made  that  not  more  than  two  commissioners  shall  at  the  time  of 
aDpointment  be  adherents  of  the  same  political  party. 

The  major  maj-  remove  any  commissioner  appointed . under 
this  act  for  incompetency,  ineflficiency,  neglect  or  violation  of  tlie 
provisions  of  this  act,  or  of  the  rules  and  regulations  in  force 
hereunder,  or  any  of  them,  or  for  any  other  cause  which  renders 
him  unfit  for  the  position,  after  first  specifying  in  writing  the 
particulars  of  the  incompetency,  inefficiency,  neglect  of  duty  or 
violation,  or  any  other  cause  charged,  and  giving  said  commis- 
sioner an  opportunity  to  make  a  personal  explanation  and  be 
heard  in  self-defense. 

Serve  Without  Compensation. 

Section  186.  The  commissioners  shall  serve  without  com- 
I>ensation,  but  shall  be  paid  their  necessary  expenses  actually  in- 
curred in  the  discharge  of  their  official  duties. 

Salary — Secretary,  $1,800.00 — Examiner. 

Section  187.  The  commission  may  employ  a  secretary',  who 
shall  be  paid  a  salary  of  mot  exceeding  the  sum  of  one  thousand 
eight  hundred  dollars  a  year,  and  an  examiner  for  temporary 
sei'vice,  at  a  salary  of  not  exceeding  five  dollars  per  day.  Any 
provision  of  the  charter  in  conflict  herewith  is  hereby  repealed. 

(As  amended  May  17,  1910.) 

Examinations — How  Conducted,  Etc. 

Section  188.  The  commission  shall  control  all  examinations, 
and  may,  whenever  an  examination  is  to  take  place,  designate 
a  suitable  number  of  persons,  either  in  or  not  in  the  ofiicial  serv- 
ice of  the  city  or  county,  to  be  examiners  or  assistants  at  said 
examination,  and  if  in  the  official  service,  it  shall  be  a  part  of 
their  official  duty,  without  extra  compensation,  to  conduct  such 
examinations  as  the  commission,  may  direct,  and  to  make  return 
and  i-eport  thereof  to  the  commission,  which  maj^  at  any  time 
substitute  any  other  pervson,  whetlier  in  or  not  in  such  service, 
in  the  place  of  any  one  so  selected.  The  commissioners  ma\' 
themsehes  act  as  such  examinei-s,  and  all  officers  of  the  city  or 
county  shall  assisit  them  in  every  proper  Avay  in  carrying  out  tiie 
{)rovision.s  of  this  act. 

Rules  for  Classified  Service. 

Section  189.  The  commission  shall  have  power  to  make  and 
enforce  rul^s,  which  rules  shall  be  printed  for  distribution,  and 


74 

a  (■(»i>v  sent  to  each  offl<:-er,  boiard  aud  commission  having  the 
rijiht  to  employ  any  person  in  the  classitied  service.  No  rule 
shall  become  effective  until  ten  days  after  publication  in  the 
official  newspaper. 

What  Rules  Shall  Provide. 

Section  190.  The  rules  shall  provide  for  a  classification  of 
all  om})loyments  in  the  public  service,  as  specified  herein,  other 
than  day  laboiers  aud  unskilled  wiorkmeu;  open  and  competitive 
examiuationiS  as  to  fitness;  an  eligible  list  from  which  vaeancies 
shall  be  filled;  a  period  of  probation  before  employment  is  made 
p(^rmancnt;  promotion  on  basis  of  merit,  experience  and  record. 

Investigations. 

Section  191.  The  commission  shall  investigate  all  breaches 
of  this  article,  and  may  compel  the  attendance  and  testimony  of 
witnesses,  and  the  production  of  books  and  papers. 

Classified  Service — Include  Policemen,  Firemen,  Public  Works — 
Exceptions — Extensions. 

Section  192.  The  classified  service  within  the  civil  service 
regulations  shall  include  only  the  police  and  firemen  and  other 
officers  and  employes  of  the  department  of  fire  and  police  and  the 
officers  and  employes  of  the  department  of  public  utilities  and 
works,  excepting,  hjo\\^ver,  from  said'  regulations  the  chief  of  po- 
lice, engineer,  commissioner  of  highways,  chief  inspector  of  the 
board  of  public  works  audi  members  of  the  boards  of  fire  and  po- 
lice and  public  works,  and  one  employe  undei'  eaeh  of  said 
boards,  who  shall  be  the  sei-retai^'  thereof ;( Proc/derf.  that  after 
the  expiration  of  four  years  from  the  adoption  of  this  charter 
the  council  may,  by  ordinance,  extend  the  civil  serAice  provisions 
to  any  or  all  other  departments.'\ 

Qualification  of  Applicants. 

Section  193.  Applicants  for  appointment  shall  be  citizens 
of  the  United  States,  and  have  resided  in  the  city  and  county  for 
one  year  next  preceding  the  date  of  their  application,  but  these 
restrictions  sliall  not  apply  to  positions  in  which  special,  expert 
or  techmcal  knowledge  is  required.  Applicants  shall  not  use 
intoxicating  beverages  to  excess.  Every  application  must  be  sup- 
]H>rted  by  cer-tificates  of  good  moral  character,  and  physical  and 
mental  capacity. 

Examinations — Sub  j  ects — Notice. 

Section  191.  All  examinations  shall  be  impartial,  and  relate 
only  to  matters  which  will  test  the  fitness  of  the  pei-sons  ex- 
amined for  the  service  they  wish  to  enter.  No^  question  shall  re- 
late to  political  or  religious  opinions  or  affiliations,  and  no  ap- 
pointment shall  be  in  any  manner  affected  by  such  opinions  or 
affiliations.  Notice  of  the,  time,  place  and  scope  of  examinations 
shall  be  given  by  publioation  in  the  oflicial  newspaper. 


75 

Applicants  Must  Pass  Sixty-five  Per  Cent — Preference  to  Civil 

War  Veterans. 

Section  195.  No  person  shall  be  certified  for  appointment 
whose  standing  shall  be  less  than  65  per  cent,  of  complete  pro- 
ficiency; Provided,  that  preference  shall  be  given  to  persons  hon- 
orabh'  discharged  from  tlie  military  or  naval  service  of  the  United 
States,  who  served  prior  to  January  1,  1866,  and  whose  qualifi- 
cations are  otherwise  equal. 

Register — Names  Remain  One  Year. 

Section  196.  Those  examined  shall  be  graded  according  to 
their  examination,  and  their  grades  shall  be  entered  on  a  register. 
Such  names  sihall  remain  on  the  register  at  least  one  year,  but 
in  no  event  more  than  two  years  without  further  examination. 

Filling  Positions — Commission  Certify  Three  Names. 

Section  197.  When  a  position  is  to  be  filled  in  the  classified 
service,  the  apiioiniting  power  shall  make  requisition  upon  the 
commission  for  the  name  of  an  eligible  person,  specifying  the 
nature  of  tlie  position  to  be  filled,  and  upon  receipt  of  such 
requisition,  the  commission  shall  certify  the  names  of  tlirree  ap- 
plicants, if  there  be  so  many,  having  the  highest  percentage,  one 
of  whom  shall  be  appointed.  In  case  the  requisition  shall  desig- 
nate sex,  onl}^  that  sex  shall  be  certified;  otherwise  sex  shall  be 
disregarded.  If  it  be  sliown  that  all  the  persons  certified  are 
unsuitable  for  the  position  to  be  filled,  the  commission  shall  cer- 
tify an  additional  name,  but  in  such  case,  the  reason  shall  be 
stated  in  the  certification. 

Provisional  Appointments. 

Section  198.  In  cases  where  the  commission  is  unable  to 
comply  with  the  requisition  from  the  eligible  list,  it  may  allow  a 
provisional  appointment,  or  it  may  authorize  the  appointing 
l>ower  to  select  a  suitable  person  who  shall  be  subject  to  exami- 
nation, and  if  found  qualified,  certified  for  appointment. 

Promotions. 

Section  199.  The  commission  shall  pix)Vide  for  promotion  in 
the  classified  service  on  the  basis  of  ascertained  merit  and  seni- 
ority in  service  and  standing  upon  examinations,  and  shall  pro- 
vide, in  all  cases,  that  vacancies  shall  be  filled  by  promotion.  All 
examinations  for  promotion  shall  be  competitive  among  such 
members  of  each  department,  as  desire  to  submit  themselves  to 
examination.  The  commission  shall  submit  to  the  appointing 
p()^^•er  the  names  of  not  more  than  three  applicants  having  the 
highest  rating  for  each  promotion.  The  method  of  examining, 
the  rules  governing  the  same,  and  the  method  of  certifying  shall 
be  the  same,  as  near  as  may  be,  as  provided  for  applicants  for 
original  apjjointments.  Any  increase  in  salary  shall  be  consid- 
ered a  prxjmotion. 


70 

Appointments  for  Six  Months — Permanent  Appointment. 

Secliou  '2{){).  Every  original  appointment  in  the  classiified 
service  shall  bo  for  six  months,  at  the  end  of  which  time,  if  the 
conduct  and  capacity  of  the  person  appointed  have  been  satis- 
factory, he  shall  be  permanently  appointed;  otherwise  he  sihall 
l)e  out  of  the  service. 
Reduction  of  Force, 

Section  201.  When  the  force  in  any  department  is  reduced, 
the  ]jerson  last  certified  to  such  department  for  employment, 
shall  be  first  laid  off;  and  when  the  force  in  such  department 
is  increased  persons  suspended  shall  be  reinstated  in  the  order 
of  their  original  certification. 

Emergency  Appointments. 

t^ectiou  20l*.  Appointments  for  temporary  service  shall  be 
made  in  accordance  with  the  provisions  of  this  article,  except  in 
case  of  emergency.  In  no  case  shall  an  emergency  appointment 
continue  for  more  than  sixty  days,  and  mo  reappointment  or  em- 
ployment to  the  same  position  at  the  end  of  such  period  shall  be 
allowed.  In  every  such  case,  the  official  making  the  appointment 
shall  report  the  same  to  the  commission  within  three  days,  with 
the  i-eason  therefor,  and  the  time  for  which  the  emergency  ap- 
pointment is  necessary. 

Transfers. 

Section  20o.  Transfers  within  the  clasvsified  service  may  be 
made  from  one  department  to  a  similar  position  in  another,  witli- 
out  examination. 

Discharges  from  Classified  Service. 

Section  204.  All  persons,  at  the  time  of  the  adoj)tion  of  this 
charter,  occupying  positions  affected  by  the  provisions  of  this 
article,  shall  retain  their  positions  until  discharged,  under  the 
provisiions  hereof.  Discharges  from  the  classified  service,  or  re- 
ductions in  grade  or  conipensation  or  both,  may  be  made  for 
any  cause,  not  political  or  religious,  which  will  promote  the  effi- 
ciency of  the  service;  but  only  on  written  specification  by  the 
authority  making  the  discharge  or  reduction! ;  and  the  person 
sought  to  be  discharged  or  reduced  sliall  have  notice,  a  copy  of 
the  si)ecifications,  and  be  allowed  reasonable  time  for  answering 
the  same  in  writing.  A  copy  of  the  specifications,  notice,  answer 
and  the  order  of  discharge  or  reduction  shall  be  made  a  part  of 
the  record  of  the  division  of  the  service  in  which  the  discharge 
or  reduction  is  made,  and  a  copy  shall  be  filed  with  the  commis- 
sion. The  commission  may  examine  into  the,  facts,  and  if  the 
f)ei'son  has  been  WTongfully  discharged,  may  reinstate  him. 

Contributions  for  Political  Purposes. 

Section  205.  No  officer  or  employe  shall  discharge  or  change 
the  rank  or  compensation  of  any  other  officer  or  employe,  or 
promise  or  threaten  to  do  so  for  giving,  withholding  or  neglecting 


77 

to  make  coutributiou  or  any  service  for  auj  political  purpose. 
No  person  sball,  in  any  room  or  building  occupied  for  the  dis- 
charge of  official  duties,  solicit  or  receive  any  contribution  for 
politioal  purposes. 

Roster  of  Persons  in  Classified  Service. 

Section  20G.  The  conniiission  shall  keep  in  its  office  a  public 
roster  showing  the  name,  residence,  position,  date  of  appoint- 
ment, compensation  and  duties  of  each  person  in  the  service.  The 
commissiion  shall  have  access  to  all  public  records  and  papers, 
the  examination  of  which  shall  aid  in  keeping  the  roster. 

Offices  and  Supplies. 

Section  207.  The  council  shall  furnish  the  commission  with 
suitable  offices,  office  furniture,  rooms  for  examinations,  books, 
stationery,  blanks,  printing,  heat  and  light  and  all  other  neces- 
sary supplies,  and  shall  provide  for  the  payment  of  such  other 
expenses  as  may  be  necessarily  incurred  in  carrying  out  the  pro- 
visions of  this  article. 

Certify  Names  to  Auditor — No  Payment  Unless  Name  Certified. 

Section  208.  The  commission  shall  ceitify  to  the  auditor  the 
name  of  every  person,  in  the  classified  service,  stating  in  each 
case  the  character  and  date  of  commencement  of  service,  com- 
I>ensation  and  any  change  in  such  service.  The  auditor  shall  not 
issue  a  wiarrant  for  the  payment  of  any  compensation  to  any 
perison  in  the  classified  service  not  so  certified.  If  the  auditor 
shall  issue  any  warrant  except  as  herein  provided,  he  and  his 
sureties  shall  be  liable  for  the  amount  thereof  at  the  suit  of  the 
city  and  county  or  any  taxpayer  for  its  use. 

Corrupt  Practice. 

Section  209.  No  person  in  the  public  service  shall  wilfully 
and  corruptly,  by  himself  or  in  co-operation  with  one  or  more 
[>ersons,  defeat,  deceive  or  obstruct  any  person  in  respect  to  his 
or  her  right  of  examination,  nor  wilfully,  corruptly  or  falsely 
mark,  grade,  estimate  or  report  upon  the  examination  or  jjroper 
standing  of  any  person^  examined  hereunder,  or  aid  in  so  doing, 
or  wilfully  or  corruptly,  make  any  false  representation  concern- 
ing the  siame  or  concerning  the  persons  examined,  or  wilfully 
or  corruptly  furnish  to  any  person  any  special  or  secret  informa- 
tion for  the  ])urx>ose  of  either  improving  or  injuring  the  prospects 
(H-  chances  of  any  person  so  examined  or  to  be  examined,  ap- 
pointed, employedi  or  promoted. 

Penalty. 

Section  210.  Any  person  wlio  shall  violate  any  of  tlie  })ro- 
\  isious  of  this  article  shall  be  deemed  guilty  of  a  misdemeanor, 
and  uix»n  conviction  thereof  shall  be  punished  by  a  fine  not  ex- 
ceeding one  hundred  dollars,  or  im[»risonment  not  exceeding  thirty 
days,  or  by  both  such  fine^  and  imprisonment  in  the  discretion  of 
the  court. 


78 
ARTICLE  yill. 

FINANCE    AND    TAXATION. 

Fiscal  Year — Same  as  Calendar  Year. 

St'i-tiou  1*11.  The  fiscal  year  of  tlie  city  and  countt  shall 
commence  on  the  first  diay  of  January  and  end  on  the  last  day 
of  December  of  each  year. 

Tax  Levy — Fifteen  Mills  Limit. 

Section  212.  The  council,  after  deducting  the  amount  col- 
lectible from  other  sources,  shall  levy  upon  all  taxable  property, 
real  and  jiersonial,  within  the  limits  of  the  city  and  county,  the 
amount  of  taxes  for  city  and  county  purposes  necessary  to  pro- 
vide for  the  payment  during  the  ensuing  fiscal  year,  of  all  prop- 
erly authorized  demands  upon  the  treasury-,  not  exceeding  fifteen 
mills  on  the  dollar  for  all  general  city  and  county  purposes  upon 
the  total  assessed  valuation  of  said  pi\)perty,  and  shall  also,  in 
addition  thereto  levy  the  state  and  school  district  taxes.  The 
foregoing  limitation  of  fifteen  mills  sliall  not  appl\'  to  taxes  which 
shall  annually  be  levied  by  the  council  for  the  payment  of  any 
bonded  indebtedness  of  the  city  and  county,  now  existing  or 
hereafter  ci'eated,  or  interest  thereon,  nor  for  sinking  fund,  nor 
for  the  indebtedness  of  any  town  or  cit}'  heretofore  consolidated 
with  or  hereafter  incorporated  with,  or  annexed  to,  the  city  and 
county,  or  of  tlie  interest  thei^eon ;  nor  to  special  assessments  for 
local  improvements. 

Assessment  Roll — How  Completed. 

Section  2VS.  It  shall  be  the  duty  of  the  assessor,  as  soon  as 
the  a>ssessinent  roll  is  ready  in  each  year  for  the  extension  of 
taxes,  in  accordance  with  general  law,  to  certify  the  total  amount 
of  proj>erty  assessed  within  the  limits  of  the  city  and  county  to 
the  council,  whereupon  the  council  shall  proceed  to  make  the 
proi)er  levy  in  mills  upon  tine  dollar  valuation  to  meet  the  ex- 
penses of  the  city  and  county,  and  cause  the?  total  levies,  includ- 
ing school,  state  and  special  levies,  to  be  certified  by  the  clerk 
to  the  assessor,  who  shall  extend  the  same  upon  the  tax  list  of 
the  current  year,  whereupon  he  shall  issue  a  general  warant  to 
the  treasurer  for  collection. 

Collection  of  Taxes — Application  of  State  Laws. 

Section  21-4.  The  treasurer  shall  collect  said  taxes  in  the 
same  manner  and  at  the  same  time  as  state  taxes  are  collected, 
and  all  laws  of  this  ^tate  for  the  assessment  and  collection  of 
general  taxes,  including  laws  for  the  sale  of  property  for  taxes 
and  the  redemption  of  the  same,  shall  apply,  and  have  as  full 
effect  for  the  collection  of  taxes  for  the  city  and  county  as  for 
such  general  taxes,  except  as  modified  by  this  charter.*  On  or 
before  the  5th  day  of  every  month  the  treasurer  shall  report  the 
amount  of  tax  collections  for  the  preceding  month  to  the  auditor. 


79 

State  and  School  Taxes. 

Section  215.  All  taxes  levied'  for  state  and  school  purj^oses 
upon  persons  and  property  within  the  cit}-  and  county  shall  be 
collected  by  the  treasurer  and  paid  out  by  him  in  conformity 
with  the  general  laws  of  the  state.  All  amounts  so  collected  and 
disbursed  or  paid  over  shall  be  included  in  his  reports  to  the 
auditor  and  council  as  required  by  this  charter. 

Heads  of  Departments — Estimate  of  Expenses  to  Mayor. 

Section  L'lG.  On  or  befoi-e  the  tirst  Monday  of  November  in 
each  year  the  heads  of  the  various  departments,  offices  and  com- 
missions of  the  city  and  county  shall  furnish  the  mayor  an  esti- 
mate in  writing  of  the  probable  expense  to  be  inc-urred  in  their 
several  departments  for  the  ensuing  fiscal  year,  sijecifying  in 
detail  such  probable  expenditures,  inclnding  a  statement  of  the 
salaries  of  their  subordinates.  Duplicates  of  these  estimates 
shall  be  sent  at  the  same  time  to  the  auditor. 

The  auditor  shall,  at  the  same  time,  also  certify  to  the  mayor 
the  amount  of  money  to  be  raised  by  taxation  to  pay  the  interest 
on  bonded  indebtedness,  and  to  provide  for  the  sinking  fund. 

Mayor's  Budget. 

Section  I'll.  On  or  before  the  first  Monday  of  December  in 
each  year  the  mayor  shall  present  to  the  coum-il  a  detailed  state- 
ment of  tlie  amount  necessary  to  defray  the  expensesi  of  the  city 
and  count}'  government,  and  of  each  dejiartmeut  thereof,  for  the 
ensuing  fiscal  year,  stating  also  the  amount  to  be  raised  by  taxa- 
tion to  pay  interest  on  bonded  indebtedness,  and  to  provide  for 
the  sinking  fund. 

Council  Pass  Budget — Amendments — Two-thirds  Vote. 

Sectiun  L'lS.  The  council  shall  meet  in  joint  session  annu- 
ally between  the  first  and  third  Mondays  in  December,  and  by 
a  vote  of  the  majority  of  the  members  thereof  make  a  budget  of 
the  estimated  amounts  requii-ed  to  pay  the  expenses  of  conduct- 
ing the  public  business  for  the  next  ensuing  fiscal  year,  based  on 
the  mayor's  budget,  and  for  the  other  jjurposes  required  by  this 
charter.  The,  budget  shall  be  prepared  in  such  details  as  to  the 
aggregate  sum  and  the  items  thereof  allowed  to  each  department, 
office  or  commission  asi  the  council  shall  deem  advisable  subject 
to  limitations  in  this  charter,  but  the  council  shall  not  change 
any  item  in  nor  the  total  of  the  mayor's  estimate,  except  upon 
a  vote  of  two-thirds  of  each  l)ody  thereof. 

General  Appropriation  Bill — Ninety  Per  Cent  Revenue. 

Section  21!).  At'lcM-  llie  final  eslimate  is  made  in  accoirdance 
herewith,  it  shall  be  signed  by  the  inayor  and'  clerk  and  filed  in 
the  office  of  the  auditor.  The  sin-eral  sums  shall  then  be  appro- 
|niiated  by  ordimamce  for  the  ensuing  fiscal  year  to  the  several 
purposes  and  departmentsi  therein  named.  The  total  amount 
appropriated  shall  in  no  case  exceed  ninety  (90)  pei'  cent,  of  the 


80 

aiiiDunt  of  money  to  be  received  during  tlie  year  by  taxation,  esti- 
mated upon  tlie  as^sessor's  valuation  and  the  tax  levy,  and  from 
other  sources  of  revenue. 

Interest  on  Bonds  and  Sinking  Fund — How  Raised. 

Section  220.  The  amount  retjuired  to  pay  the  interest  on 
the  bonded  indebtedness  and  provide  for  the  sinking  fund  shall 
ahvays  be  provided  for  out  of  the  tax  on  propert}". 

CUSTODY  OF  PUBLIC  MONEYS. 

All  Moneys  Paid  to  Treasurer — No  Extra  Fees. 

iSection  221.  All  moneys  arising  from  taxes,  licenses,  fees, 
tines,  penalties  and  forfeitures,  and  from  any  other  source  what- 
soever, \N'hich  may  be  collected  or  received  by  any  officer  of  the 
citj-  and  county,  or  any  department  thereof,  in  his  official  capac- 
ity, for  the  performance  of  any  official  duty,  shall  be  paid  into 
the  treasury.  jS^o  officer  or  person  other  than  the  treasurer  shall 
pay  out  or  disburse  such  moneys  or  any  part  thereof,  except  as 
hei^in  otherwise  provided.  No  officer,  deputy,  clerk  or  employe 
of  such  officer,  shall  receive  or  accept  any  fee,  compensation  or 
payment,  other  than  his  salaiy  as  now  or  hereafter  fixed  by  this 
charter,  or  by  ordinance,  for  any  work  or  service  performed  by 
him  of  any  official  nature,  or  under  color  of  office,  whether  per- 
formed during  or  after  official  business  liOui^s. 

Fees,  Etc.,  Paid  in  Advance. 

Section  222.  Every  fee,  commission,  percentage,  allowance 
or  other  compensation  authorized  by  law  or  ordinance  to  be 
charged,  received  or  collected  by  any  officer  or  employe  for  any 
official  service,  must  be  collectedi  in  advance,  and  paid  to  the 
treasury  by  the  officer  receiving  the  same,  in  the  manner  herein 
provided. 

Officers  Pay  Collections  to  Treasurer  Daily — Exceptions. 

Section  223.  Every  officer  or  person  collecting  any  fee,  com- 
mission, percentage,  allowance  or  compensation,  for  the  perform- 
ance of  any  official  service  or  duty  of  any  kind  or  nature,  or 
rendered  in  any  official  capacity,  or  by  reason  of  any  official 
duty  or  employment,  shall  deliver  to  tbe  treasurer  eacli  day  all 
such  collections  received  during  the  preceding  day.  Pnovidcd, 
the  sheriffs  and  clerks  of  courts  shall  only  be  required  to  deliver 
on  the  first  day  of  each  month,  such  collections  as  have  been 
received)  by  them  diuring  the  preceding  month.  The  treasurer 
shall  thereupon  deliver  to  such  officer  or  person  a  reeeipt  for  the 
money  so  paid,  as  hereinbefore  provided.  The  ti'easurer  shall 
place  all  such  moneys  in  a  separate  fund  to  be  designated  the 
•'T'napportioned  Fee  Fund." 

Official  Receipts  Furnished  by  Commissioner  of  Supplies. 

Section  1:2-4.  The  commissioner  of  snpjilies  shall  i)iepare  and 
deliver  from  time  to  time  to  the  treasurer,  and  to  every  officer  or 


81 

person  authorized!  by  law  to  charge  any  fee,  commission,  per- 
centage, alloTvance  or  compenisation,  for  the  perfoi'mance  of  any 
official  service  or  duty,  as  many  blank  official  receipts  as  may  be 
i"equired,  charging  such  person  therewith.  Such  receipts  shall 
be  bound  into  books  containing  not  less  than  one  hundred,  and 
numbered  consecutively,  beginning  with  number  one  in  each  class 
required  for  each  fiscal  year,  and  provided  with  a  corresponding 
stub.  When  the  books  containing  receipts  are  exhausted  by  the 
offiicer  ^ec•ei^^ng  them,  he  shall  deliver  the  stubs  thereof  to  the 
custody  of  the  auditor. 

Official  Receipt  and  Stub. 

Section  225.  Except  as  otherwise  provided  in  this  charter, 
every  officer  and  emploje  who  shall  receive  any  money,  property 
or  other  thing  of  value  on  behalf  of  or  belonging  to  the  city  and 
county  shall  give  a  receipt  therefor,  which  shall  state  whether 
given  for  money,  property,  services  or  otherwise,  the  amount 
and  nature  thereof,  the  date  of  such  receipt,  and  the  name  of  the 
person  to  whom  given,  and  shall  make  a  corresponding  entry  on 
the  stub  to  which  said  receipt  was  attached. 

Treasurer  Report  to  Auditor  Monthly. 

Section  22G.  On  or  before  the  fifth  day  of  each  month  the 
treasurer  shall  make  to  the  auditor  a  report  under  oath  of  all 
moneys  received  by  him  during  the  preceding  month,  from  what 
source  and  for  what  purpose  received.  At  the  same  time,  the 
trea-surer  shall  produce  the  stubs  of  all  official  receipts  issued  by 
him  during  the  previous  month,  and  all  official  receipts  remaining 
in  his  hands  unused  at  the  close  of  business  on  the  last  day 
thereof. 

All  Officers  Report  Collection  Monthly  to  Auditor. 

Section  227.  On  or  before  the  fifth  of  each  month  every 
offijcer  authorized  to  charge  any  fee,  commission,  i^ercentage,  al- 
lowamce  or  compensiation,  shall  make  to  the  auditor  a  report  un- 
der oath,  of  all  official  receipt's  issued  by  him  during  the  preceding 
month,  showing  the  amount,  to  whom  and  for  what  purpose  is- 
siued;  and  shall  at  the  same  time,  or  oftener  if  required,  exhibit 
tp  the  auditor  or  other  proper  officer,  all  the  treasurer's  receipts 
dfeposited  Avith  him  during  the  i)receding  month,  and  all  receipts 
remaining  in  his  hands  unu.sed,  or  not  issued,  at  the  close  of 
business  on  the  last  day  thereof. 

Upon  receiving  these  reports  the  auditor  shall  examine  and 
settle  the  accounts  of  each  officer,  and  apportion  such  moneys 
to  the  fund  or  funds  to  which  they  are  a.pi)ropriateid  by  law,  and 
certify  su(  h  apfiortionment  to  the  treasurer,  who  shall  thereupon 
transfer  from  tlie  unai)]K)rti<med  fee  fund  the  amount  so  certified, 
and  credit  e:ich  fund  entitled  thereto  with  the  proper  amount 
sio  apportioned. 


82    • 

Mileage — Reports  Concerning. 

Soction  228.  Every  officer  who  is  bv  law  allowed  to  charge 
and  collect  mileage  for  a  service  of  process  or  other  like  service^ 
shall  at  the  end  of  each  month  prepare  and  deliver  to  the  auditor 
a  verified  statement  showing  each  process  served,  the  title  of  the 
cause,  the  name  of  the  deputy  or  other  subordinate  officer  who- 
made  the  service,  the  number  of  miles  actually  traveled  in  making 
smli  service,  and  the  day  and  hour  when  the  same  was  made,  and 
the  amount  collected  for  such  service. 

Employes — Monthly  Reports  as  to  Service  of. 

Section  229.  When  any  officer  legally  authorized  to  employ 
a  person  other  than  one  of  his  deputies  or  assistants  at  a  stated 
compensation  fixed  by  law,  and  such  person  has  rendered  the 
service  for  which  he  was  employed,  sucb  officer  and  per-son  shall 
each,  at  the  end  of  each  month,  prepare  and  deliver  to  the  au-  ^ 
ditor  a  verified  statemeut  showing  the  service,  by  and  for  whom 
performed,  the  amount  of  compensation  therefor,  and  the  time 
actually  employed. 

Salaries,  Bills,  Etc. — How  Audited. 

Section  2-jO.  The  monthly  salaries  of  the  auditor  and  his 
employes  shall  be  audited  and  allowed  by  the  mayor.  All  other 
demands  on  account  of  the  salaries  fixed  by  law,  ordinance,  or 
by  this  charter,  and  made  payable  out  of  the  treasury,  shall  be 
allowed  by  the  auditor  without  any  previous  approval.  Demand'* 
payable  out  of  the  treasury  for  salaries,  wages  or  compensation 
of  deputies,  clerks,  assistants  or  employes,  in  any  office  or  de- 
partment, shall  before  they  can>  be  audited  or  paid,  be  first 
verified,  in  ^n^iting,  by  the  officer,  commission,  department,  or 
authority  under  whom,  or  in  which  such  demand  originated.  All 
other  demands  payable  out  of  any  funds  in  the  treasury  shall, 
before  they  can  be  allowed  by  the  auditor  or  paid,  be  first  verified^ 
in  writing,  by  the  department,  commission  or  officer  in  which  the 
same  has  originated,  and  in  all  such  cases  must  be  approved  by 
the  council,  except  as  otherwise  provided  in  this  charter.  Every 
demand  against  the  city  and  county  shall,  in  addition  to  the 
other  entries  and  endorsements  upon  the  same  required  by  this 
charter,  show:  (1)  The  name  of  the  commission,  authority  or  de- 
partment authorizing  the  same.  (2)  The  fiscal  year '  within 
which  the  indebtedness  was  incurred.  (3)  The  name  of  the  spe- 
cific fund  out  of  which  the  demand  is  payable.  Each  demand 
shall  have  written  or  printed  upon  it  a  statement  that  the  same 
can  only  be  paid  out  of  the  income  and  revenue  provided  and 
collected  for  the  fiscal  year  in  which  the  indebtedness  was  in- 
curred. 

Discharged  Employes  Report  to  Auditor. 

Section  231.  Within  twenty-fonr  hours  after  any  emjiloye 
of  the  city  and  county  shall  be  discharged  or  shall  cease  to  be  in 
its  employ,  the  head  of  the  department,  office  or  commission  in 


83 

which,  such  person  was  emplojed  shall  report  to   the  auditor, 
giving  name  of  employe  and  date  when  such  employment  ceased. 

Stated  Accounts  With  Persons  Failing  to  Pay  Amount  Due  City. 

Section  232.  Any  person  chargeable  with  moneys  or  other 
personal  property  belonging  to  the  city  and  county,  or  who  has 
been  intrusted  with  the  collection,  management  or  disbursement 
■of  any  moneys,  bonds  or  interest  accruing  therefrom  belonging 
to,  or  held'  in  trust  by  the  city  and  county,  who  fails  to  render 
an  account  thereof  and  make  a  settlement  with  the  treasurer 
within  the  time  prescribed  by  law;  or  when  no  particular  time 
is  specified,  fails  to  render  such  account  and  make  such  settle- 
ment, within  ten  days  after  notice  from  the  auditor,  then  the 
auditor  shall  state  an  account  with  such  person  charging  twenty- 
five  per  centum  damages  and  interest  at  the  rate  of  ten  per 
centum  per  annum  from  the  time  of  such  failure,  and  file  a  copy 
thereof  with  the  attorney,  and  such  person,  if  in  the  service  of 
the  city  and  county,  shall  also  be  subject  to  removal. 

In  any  suit  a  copy  of  such  account  shall  be  prima  facie  evi- 
dence of  the  things  therein  stated.  In  case  the  auditor  can  not, 
for  want  of  information,  state  an  account,  in  any  action  brought 
that  fact  may  be  averred,  and  it  shall  be  sufficient  to  allege  gen- 
erally the  amount  of  mone}',  or  other  property  which  is  due  to  or 
which  belongs  to  the  city  and  county.  The  attorney  shall  in- 
stitute all  actions  arising  under  this  section  within  ten  days 
after  notification  by  the  auditor,  and  prosecute  the  same  to 
conclusion. 

Salaries  Payable  Monthly. 

Section  233.  All  salaries  and  compensation  of  all  officers, 
and  all  employes  of  all  classes,  and  others  employed  at  fixed 
wages,  shall  be  payable  monthly. 

THE    SEVERAL    FUNDS. 

Apportionment — Transfer. 

Section  234.  The  income  and  revenue  paid  into  the  treas- 
ury shall  at  once  be  apportioned  to  and  kept  in  appropriate 
funds,  and  such  money,  including  the  several  funds  now  in  the 
treasury,  shall  not  be  used  for  any  purpose  other  than  that  for 
which  the  same  were  raised,  provided  that  surplus  and  unused 
money  in  any  fund  may  during  the  fiscal  year  be  transferred 
from  one  fund  to  another  by  ordinance  only,  except  as  othcnnvise 
j>rovided  in  this  charter. 

General  Fund. 

Section  235.  The  general  funds  shall  consist  of  moneys  re- 
ceived into  the  treasury  and  not  specifically  apportioned  to  any 
other  fund. 


84 

Other  Funds. 

tSeetion  230.  The  park  fund  sliall  consist  of  moneys  an- 
nually apportioned  thereto  and  coming  into  said  fund  by  dona- 
tion or  otherwise,  and  shall  be  kept  and  used  only  for  the  im- 
provement of  parks,  public  grounds,  planting  and  maintaining, 
of  ornamental  trees,  shrubs  and  flowers  in  said  parks  or  upon 
the  public  boulevards. 

The  public  library  fund  shall  consist  of  the  money  appor- 
tioned thereto,  and  all  money  coming  into  said  fund  by  gift  or 
otherwise,  and  shall  be  kept  and  used  only  for  public  library 
purposes. 

The  bonded  indebtedness  interest  fund  shall  be  kept  and 
used  only  in  the  pa;yment  of  interest  annually  accruing  on  bonded 
indebtedness. 

The  sinking  fund  shall  be  kept  and  used  only  in  the  pur- 
chase, payment  and  redemption  of  the  bonded  indeibtedness  of  the 
city  and  county. 

The  special  deposit  fund  shall  consist  of  money  paid  into 
court  and  deposited  with  the  treasurer,  including  all  moneys  in 
special  dteposit.  Money  in  the  special  deposit  fund  shall  be  paid 
out  in  the  manner  prescribed  by  law  or  by  order  of  the  judge  of 
the  court  depositing  the  same. 

Bills  Unpaid  at  End  of  Year — How  Paid. 

Section  237.  Any  demand  against  the  treasurer  remaining 
unpaid  at  the  end  of  the  fiscal  jear  for  lack  of  money  applicable 
to  its  payment,  shall  be  paid  in  the  order  of  its  registration  out 
of  any  mone}'  which  may  subsequently  come  into  the  proper  fund 
from  delinquent  taxes  or  other  uncollected  income  or  revenue  for 
such  year. 

Redemption  of  Bonds, 

Section  238.  When  there  shall  be  to  the  credit  of  any  sink- 
ing fund  a  sum  not  less  than  |2(),000,  which  may  be  applied  to 
the  redemption  of  any  outstanding  bonds  to  which  said  fund  is 
applicable  and  which  are  not  redeemable  before  their  maturity, 
it  shall  be  the  duty  of  the  auditor  to  advertise  for  ten  (10)  days 
in  the  official  newspaper  inviting  proposals  for  the  surrender  and 
redemption  of  the  bonds,  aud  after  such  advertisement  the  money 
in  such  sinking  fund  may  be  awarded  to  the  person  offering  to 
surrender  such  bonds  for  the  lowest  price.  Thereupon  the  treas- 
urer, upon  the  surrender  of  the  bonds,  duly  audited  by  the  audit- 
or, shall  pay  the  amount  to  the  person  to  whom  the  same  was 
awarded,  provided  no  redemption  shall  be  made  for  such  bonds 
in  a  sum  greater  than  the  value  of  the  principal  and  accrued  in- 
terest. 

Sliould  there  be  no  purchase  or  should  a  purchase  not  ex- 
haust such  sinking  fund,  then  the  balance  may  be  invested  by  the 
treasurer  in  bonds  of  the  city  and  county  maturing  at  a  date 
prior  to  those  to  be  redeemed  by  such  sinking  fund ;  Provided,  he 


85 

shall  not  pay  for  such  bonds  a  sum  greater  than  the  amount  of 
the  principal   and   accrued   interest. 

POLICE    DEPARTMENT   RELIEF   FUND. 

Council  Provide  For. 

Section  239.  The  council  is  hereby  authorized,  and  they 
shall  within  six  months  after  the  adoption  of  this  charter,  by  or- 
dinance provide  for  a  police  department  relief  fund,  to  be  admin- 
istered by  the  board  of  fire  and  police,  for  the  following  pur- 
poses : 

For  the  relief  of  aged,  infirm  and  disabled  members  of  the 
police  department  who  have  arrived  at  the  age  of  sixty  years,  and 
who  upon  examination  by  two  regularly  certified  practicing  phy- 
sicians, appointed  for  that  purpose,  may  be  ascertained  to  be,  by 
reason  of  such  age,  infirmity  or  disability,  unfit  for  the  perform- 
ance of  their  duties;  Provided,  hoivever,  that  no  such  member 
shall  be  entitled  to  the  benefits  in  this  section  above  provided 
unless  he  has  been  an  active  member  of  the  department  of  the 
city  and  county  or  included  municipalities  for  twenty  years  pre- 
ceding his  retirement.  For  the  relief  of  any  regular  member  of 
the  police  department,  while  engaged  in  the  line  of  his  duties  who 
shall  sufl:'er  j)hysical  injuries  resulting  in  total  disability  which 
prevents  him  from  supporting  himself  and  family;  Provided,  how- 
ever, tliat  the  benefits  of  this  paragraph  shall  extend  to  the  regu- 
lar members  of  the  department  suff'ering  such  disability  on  No- 
vember G,  1900.  For  the  family  of  any  such  member  of  the  po- 
lice department  who  shall  lose  his  life,  leaving  a  family  thereto- 
fore depending  on  him.  without  means  of  support;  Provided, 
however,  in  case  of  total  disability,  as  in  this  paragraph  provid- 
ed, upon  examination  by  two  regularly  certified  practicing  physi- 
cians, appointed  for  that  pui*])ose,  they  shall  certify  that  such 
disability  unfits  such  member  for  the  performance  of  his  duties. 

(As  amended  May  15,  1906.) 

What  Moneys  Paid  Into. 

Section  240.  The  relief  fund  shall  be  composed  of  money 
from  the  following  sources: 

Section  1.     All  proceeds  of  the  sales  of  unclaimed  property. 

2.  All  moneys  received  from  licenses  upon  dogs. 

3.  All  moneys  received  from  fines  for  carrying  concealed 
weapons. 

4.  All  moneys  received  from  fines  imposed  on  the  members 
of  the  police  department  for  violation  of  Unv  or  the  rules  and 
regulations  of  the  department. 

5.  Fifty  ])er  cent,  of  all  moneys  and  i'ecei|)ts  from  the  li- 
censing of  automobiles. 

6.  Fifty  per  cent,  of  all  rewards  and  fees  and  com])ensation 
for  any  extraordinary  service  of  any  member  of  the  jiolice  depart- 


so 

luent;  Provided,  that  not  to  exceed  fifty  per  cent,  of  any  reward 
or  compensation  for  any  extraordinary  service  shall  be  allowed 
to  the  i)erson  performing  the  service  for  which  such  reward  or 
compensation  is  paid. 

7.     All  donations  and  gifts  which  may  be  made  to  said  fund. 

The  council  shall  annually  appropriate  a  reasonable  sum  for 
said  fund. 

Section  241.  Moneys  remaining  at  the  end  of  any  fiscal 
year  in  this  fund  shall  not  be  transferred,  but  shall  be  invested 
from  time  to  time,  in  approved  interest  bearing  securities.  The 
treasurer  shall  be  the  custodian  of  all  money  and  securities  pro- 
vided for  in  this  section. 

firemen's  pension  fund. 
Session  Laws  1903,  Page  447. 

Section  242.  The  provisions  of  chapter  172  of  the  session 
laws  of  the  state  of  Colorado  of  the  year  1903,  entitled  ''An  act 
to  create  and  establish  a  pension  fund  for  firemen,  their  widows 
and  dependent  children,  in  cities  containing  a  population  of  over 
one  hundred  thousand  inhabitants,  and  having  paid  fire  depart- 
ments, and  for  the  maintenance,  management  and  conduct  of  the 
same,"  are  hereby  made  and  declared  to  be  in  full  force  and  effect 
in  the  city  and  county. 

ACCOUNTING. 

Expert  Accountant,  $3,000.00. 

Section  243.  The  ma^or  shall  at  least  once  in  each  year  em- 
ploy an  expert  accountant  who  shall  examine  the  books,  records 
and  reports  of  the  treasurer  and  auditor,  and  the  books,  records 
and  i-eports  of  such  other  ofiicers  and  departments  as  the  mayor 
may  direct,  and  make  triplicate  reports  thereof  to  the  mayor, 
auditor  and  attorney.  Such  accountant  shall  have  unlimited 
privilege  of  investigation,  to  examine  under  oath  or  otherwise 
all  officers  and  employes  of  the  city  and  county,  and  every  such 
ofiicer,  clerk  and  employe  shall  give  all  required  assistance  and 
information  to  such  accountant,  and  submit  to  him  for  examina- 
tion sucli  books  and  papers  of  his  office  as  may  be  requested,  and 
failure  so  to  do  shall  be  deemed  and  held  to  be  a  forfeiture  and 
abandonment  of  his  office.  The  mayor  may  designate  as  such  ex- 
pert accountant  any  responsible  corporation  engaged  in  auditing 
accounts,  and  the  council  each  year  shall  appropriate  such  a  sum 
as  may  be  fixed  by  the  mayor,  not,  however,  exceeding  the  sum 
of  13.000,  for  the  payment  of  the  services  of  such  accountant. 

Uniform  System  of  Accounting-. 

Section  244.  The  council  shall,  by  ordinance,  require  a  uni- 
form and  comparative  system  of  accounting  and  reporting  by 
the  different  departments  of  the  citv  and  county. 


87 

PUBLIC    INDEBTEDNESS. 

Department  Expend  Only  One-twelfth  of  Appropriation  in  One 

Month — Exceptions. 

Section  245.  It  shall  not  be  lawful  for  the  council  or  any 
commission,  department  or  oflScer,  having  power  to  incur  liabil- 
ities against  the  treasury,  to  incur,  allow,  contract  for,  pay  or 
render  payable,  in  the  present  or  future,  in  any  one  month,  any 
expenditure  or  demand  against  any  appropriation  which,  taken 
with  all  other  expenditures,  indebtedness  or  liability,  made  or 
incurred  up  to  the  time  in  such  month  of  making  or  incurring 
the  same,  exceeds  one-twelfth  part  of  the  amount  of  the  appro- 
priation for  the  fiscal  year,  except  as  otherwise  specifically  al- 
lowed in  this  charter. 

If,  at  the  beginning  of  any  month,  any  money  remains  un- 
expended in  an}'  appropriation  which  might  lawfully  have  been 
expended  during  the  preceding  months,  such  unexpended  sum, 
except  so  much  thereof  as  may  be  required  to  pay  all  unpaid 
claims  upon  such  appropriation,  may  be  carried  forward  and  ex- 
pended in  any  month  of  such  fiscal  year,  but  not  afterwards,  ex- 
cept in  payment  of  claims  lawfullv  incurred  during  such  fiscal 
year. 

Appropriations  provided  to  meet  the  expenses  of  elections, 
for  the  support  and  maintenance  of  the  assessor's  department, 
and  for  the  departments  of  health,  highways,  sprinkling,  libraries 
and  parks,  shall  be  exempt  from  the  provisions  of  this  section.. 

Excess  Appropriation  Forbidden. 

Section  246.  The  council  shall  not  order  the  payment  of 
money  for  any  purposes  whatsoever,  nor  shall  any  warrant  or 
other  evidence  of  indebtedness  issue  in  excess  of  the  amount 
appropriated  for  the  current  year,  and  at  the  time  of  said  order 
remaining  unexpended  in  the  appropriation  of  the  particular 
class  or  department  to  wliich  such  expenditures  belong,  nor  shall 
any  liability  or  indebtedness  incurred  in  any  one  fiscal  year  be  a 
charge  upon  or  paid  out  of  tlie  income  or  revenue  of  any  other 
fiscal  year. 

Appropriation  Necessary  Before  Liability  Incurred. 

Section  247.  Neither  the  council  nor  any  officer  shall  have 
authority  to  make  any  (contract  or  do  anything  binding  on,  nor 
impose  upon  the  city  and  county  any  liability  to  pay  money,  until 
a  definite  amount  of  money  shall  have  been  appropriated  for  the 
liquidation  of  all  pecuniary  liability  of  the  city  and  county  un- 
der such  contract,  or  in  consequence  thereof.  Such  contract 
shall  be  <ih  initio,  null  and  void  as  to  the  city  and  county  for  any 
other  or  further  liability;  Provided,  first,  that  nothing  herein 
contained  shall  prevent  the  council  from  i)aying  any  expense,  the 
necessity  of  which  is  caused  by  any  casualty,  accident  or  unfore- 
seen contingency,  after  the  passage  of  the  annual  appropriation 
ordinance;  and,  second,  that  the  provisions  of  this  section  shall 


88 

not  apply  to  or  limit  the  authority  conferred  in  relation  to  bond- 
ed indebtedness,  nor  to  moneys  to  be  collected  by  special  assess- 
ments for  local  improvements. 

ADDITIONAL   APPROPRIATIONS. 

Additional  Appropriations  for  1905. 

Section  248.  The  council  shall,  immediately  after  the  first 
election  following  the  adoption  of  this  charter,  pass  such  addi- 
tional appropriation  ordinances  as  may  be  necessary  to  pay  the 
salaries  and  defray  the  expenses  of  any  and  all  officers,  employes 
and  departments  of  the  city  and  county  for  the  year  1904,  but 
not  thereafter,  and  which  amounts  are  not  provided  for  under 
appropriation  ordinances  heretofore  passed,  and  warrants  for  the 
payment  of  such  salaries  and  expenses,  after  being  allowed  and 
audited,  as  provided  in  the  charter,  may  be  drawn  against  such 
appropriation  by  the  auditor,  and  the  amount  so  required  for 
the  payment  of  said  warrants,  or  so  much  thereof  as  may  be  nec- 
essary, shall  be  included  in  the  appropriation  and  paid  out  of  the 
income  and  revenue  for  the  year  1905,  anything  in  this  charter 
to  the  contrary  notwithstanding. 

MEMORIAL    DAY. 

Two  Hundred  Dollars  Annually  Appropriated. 

Section  249.  The  council  shall  annually  appropriate  two 
hundred  dollars  for  Memorial  Day  exercises,  usually  held  on 
May  30th,  for  the  care  and  preservation  of  the  graves  of  those 
buried  in  the  Grand  Army  cemetery  at  Riverside, 

LIMITATION    OP    BONDED    INDEBTEDNESS. 

Three  Per  Cent  of  Assessed  Valuation — Bonds  Authorized  by  Vote 

of  Taxpayers. 

Section  250.  No  loan  shall  be  made,  and  no  bonds  shall  be 
issued  for  any  purpose,  except  in  pursuance  of  an  ordinance  au- 
thorizing the  same,  which  ordinance  shall  be  irrepealable  until 
the  indebtedness  therein  provided  for,  and  the  bonds  issued  in 
pursuance  thereof,  shall  have  been  fully  paid.  No  loan  shall  be 
created,  nor  bonds  issued,  unless  the  question  of  incurring  the 
same  and  issuing  the  bonds  therefor  shall  be  submitted  to  the 
vote  of  such  of  the  qualified  electors  of  the  city  and  county,  as 
shall  in  the  year  next  preceding  such  election  have  paid  a  prop- 
erty tax  therein,  and  a  majority  of  those  voting  upon  the  ques- 
tion by  ballot  shall  vote  in  favor  of  creating  such  debt  and  issu- 
ing such  bonds. 

The  city  and  county  shall  not  become  indebted  for  any  pur- 
pose or  in  any  manner  to  an  amount,  which,  including  existing 
indebtedness,  shall  exceed  three  per  cent,  of  the  assessed  valua- 
tion of  the  taxable  property  within  the  city  and  county,  as  shown 
by  the  last  preceding  nssessment  for  city  and  county  purposes; 
proinded,  however,  that  in  determining  the  limitation  of  the  citv 


89 

and  county's  power  to  incur  indebtedness  there  shall  not  be  in- 
cluded bonds  issued  for  the  acquisition  of  water,  light  or  other 
public  utilities,  works  or  ways  from  which  the  city  and  county 
will  derive  a  revenue. 

BONDED    INDEBTEDNESS   AND   REFUNDING. 

Funding  Floating  Indebtedness  and  Refunding  Bonds. 

Section  251.  The  mayor  and  council  in  oflSce  at  the  time 
this  charter  shall  take  effect,  by  an  ordinance  duly  passed,  ap- 
proved and  published  in  accordance  with  the  provisions  of  an 
act  of  the  general  assembly  of  the  state  of  Colorado,  entitled  "An 
act  to  revise  and  amend  the  charter  of  the  city  of  Denver,"  ap- 
proved April  3,  A.  D.  1893,  being  the  former  charter  of  the  city 
of  Denver,  or  wherever  the  provisions  of  said  act  may  not  be  ap- 
plicable, then  in  accordance  with  the  provisions  of  this  charter, 
shall  submit,  at  the  first  regular  election  for  officers  of  said  city 
and  county,  to  a  vote  of  such  qualified  electors  thereof  as  shall 
in  the  next  preceding  year  have  paid  a  property  tax  thei*ein,  the 
question  of  incurring  an  indebtedness  of  said  city  and  county 
for  the  purpose  of  refunding  the  present  bonded  indebtedness  of 
the  city  and  county  and  included  municipalities  in  whole  or  in 
part,  and  funding  the  valid  floating  indebtedness  thereof,  and 
issuing  the  bonds  of  the  city  and  county  therefor;  and  may  in 
like  manner  submit  the  question  of  incurring  such  indebtedness 
and  issuing  such  bonds  therefor  for  any  or  all  of  the  purposes 
specified  in  this  charter;  and  the  returns  of  said  election  upon 
said  questions  shall  be  canvassed  and  the  result  thereof  ascer- 
tained, determined  and  certified  in  the  same  manner  as  in  the 
case  of  the  election  of  officers.  The  maximum  amount  of  the  in- 
debtedness to  be  so  incurred,  shall  be  specified  in  such  ordinance. 
The  floating  indebtedness  herein  referred  to  shall  be  investigated 
and  audited  by  the  mayor,  auditor  and  treasurer,  who  shall  re- 
port the  amount  of  such  valid  indebtedness  to  the  council. 

ARTICLE  IX. 

PUBLIC    UTILITIES. 

Acquisition — Petition — Twenty-five  Per  Cent  Voters — Investiga- 
tion. 

Section  252.  Whenever  a  petition  signed  by  qualified  elect- 
ors in  number  not  less  than  twenty-five  per  cent,  of  the  next  pre- 
ceding vote  for  mayor,  requesting  the  acquisition  of  any  ])ublic 
utility,  work  or  way,  slmll  be  ])resented  to  the  council,  the  coun- 
cil shall  direct  the  board  of  public  works  to  investigate  the  feasi- 
bility of  the  acquisition  of  such  public  utility,  work  or  way,  and 
all  costs  and  expenses  which  would  be  incurred  by  such  acquisi- 
tion, and  provide  by  ordinance  for  the  expense  of  such  investiga- 
tion and  such  other  exj)enses  as  may  thereafter  be  made  neces- 
sary by  any  of  the  provisions  hereof. 


90 

Description  of  Utility — Signatures. 

Section  253.  The  petition  shall  describe  the  proposed  pub- 
lic utility,  work  or  way,  generally,  but  with  sufficient  certainty 
to  enable  intelligent  action  thereon,  and  may  be  written  and 
signed  on  any  number  of  sheets. 

Investigation  Report. 

Section  254.  It  shall  be  the  duty  of  the  board  of  public 
works  to  comply  with  the  directions  of  the  council  and  to  com- 
mence forthwith  to  carefully  investigate  whether  and  how  such 
public  utility,  work  or  way,  may  be  acquired,  at  what  probable 
cost  the  same  may  be  acquired,  and  the  board  shall  prepare  what- 
ever preliminary  specifications,  plans  and  details  may  be  neces- 
sary for  that  purpose;  whether,  if  acquired,  it  can  be  operated 
by  the  city  and  county  at  a.  profit  or  advantage,  either  in  quality 
or  cost  of  service,  and  after  such  investigation  shall  report  to 
the  mayor  and  council,  in  writing,  its  findings  in  the  premises, 
together  with  all  the  facts  upon  which  such  findings  are  based, 
with  sufficient  particularity  that  the  mayor  and  council  may 
judge  of  the  correctness  of  such  findings. 

Legal  Opinion  of  Attorney. 

Section  255.  If  it  shall  appear  from  such  findings,  that  such 
public  utility,  work  or  way  can  be  acquired,  at  what  total  maxi- 
mum cost,  including  all  outlays  of  every  nature  and  kind  neces- 
sary to  complete  the  same  ready  for  operation,  that  the  same  can 
be  operated  by  the  city  and  county  at  a  profit  or  advantage  in 
quality  or  cost  of  service  to  the  consumers,  stating  wherein  such 
profit  or  advantage  consists,  and  that  such  public  utility,  work 
or  way  can  be  paid  for  out  of  its  net  earnings,  in  not  to  exceed 
fifty  years,  the  mayor  and  council  shall  obtain  and  consider  the 
legal  opinion  of  the  attorney  on  all  matters  of  law  involved  in 
such  proposition. 

Mayor  Endorse — Board  Prepare  Ordinance. 

Section  25G.  The  mayor  shall  thereupon  endorse  his  concur- 
rence or  non-concurrence  upon  the  same,  and  he  shall  forthwith 
return  the  same  to  the  board  and  the  board  shall  thereupon  pre- 
pare full  specifications,  plans  and  details,  if  such  are  necessary, 
together  with  a  revised  estimate  of  said  total  maximum  cost,  and 
shall  prepare  and  recommend  to  the  council  a  bill  for  an  ordi- 
nance providing  for  the  acquisition  of  such  public  utility,  work 
or  way,  which  ordinance  shall,  among  other  things,  provide  the 
full  general  description  of  the  proposed  public  utility,  work  or 
way,  the  said  revised  total  maximum  estimated  cost  thereof,  the 
manner  in  which  such  public  utility,  work  or  way  shall  be  ac- 
quired, whether  by  purchase,  condemnation,  construction,  or 
otherwise,  and  the  maximum  amount  of  bonds  to  be  issued  and 
the  number  of  installments  and  time  Avhen  such  bonds  shall  ma- 
ture, and  the  rate  of  interest  thereon;  and  shall  authorize  the 
acquisition  of  such  public  utility,  work  or  wav,  in  the  manner  so 


91 

stated  and  at  not  to  exceed  such  total  maximum  estimated  cost 
therein  stated,  and  not  otherwise. 

Submission  of  Ordinance  to  Taxpaying  Electors. 

Section  257.  Upon  the  passage  of  such  ordinance  the  ques- 
tion of  whether  or  not  such  bonds  shall  issue,  shall  be  submitted 
to  the  tax-paying  electors  who  shall  have  paid  taxes  in  the  calen- 
dar year  next  preceding,  and  if  a  majority  of  such  tax-paying 
electors  voting  thereon  vote  in  favor  of  the  issuance  of  such 
bonds,  such  public  utility,  work  or  way,  shall  be  acquired  under 
and  pursuant  to  such  ordinance,  and  such  bonds  shall  be  issued 
and  such  bonds  or  the  proceeds  thereof  used  in  payment  therefor 
to  the  extent  necessary;  such  question  shall  be  submitted  at  the 
next  general  election  occurring  not  earlier  than  ninety  days  after 
the  passage  of  such  ordinance,  unless  the  council  shall  vote  in 
favor  of  submitting  such  question  at  a  special  election,  when  it 
shall  be  submitted  at  a  special  election  not  earlier  than  ninety 
days  after  the  passage  of  such  ordinance.  More  than  one  such 
question  may  be  separately  submitted  at  the  same  election. 

Cost  Paid  by  Bonds — Sinking  Fund. 

Section  258.  The  cost  of  acquiring  any  public  utility,  work 
or  way,  shall  be  paid  by  bonds  of  the  city  and  county  to  be  issued 
as  provided  by  ordinance,  but  said  ordinance  shall  also  provide 
for  a  sinking  fund  for  the  payment  of  interest  and  redemption 
of  bonds  as  they  mature;  Provided,  that  the  primary  liability  to 
pay  the  interest  and  principal  of  said  bonds  shall  remain  on  the 
city  and  county,  notwithstanding  such  sinking  fund. 

Bonds  Mature  in  Five  to  Fifty  Years. 

Section  259.  All  bonds  issued  under  the  provisions  of  this 
article  shall  mature  in  equal  five-yearly  installments,  the  first 
installment  to  mature  not  earlier  than  five  years  and  the  last  in- 
stallment not  later  than  fifty  years  from  the  date  of  original  is- 
sue, with  interest  at  not  to  exceed  four  per  centum  per  annum, 
and  the  principal  and  interest  may  be  made  payable  in  the  city 
and  county  and  elsewhere,  as  may  be  provided  in  the  ordinance 
providing  for  the  acquisition  of  such  public  utility,  work  or  way ; 
said  bonds  may  be  used  in  whole  or  in  part,  or  may  be  sold  In 
whole  or  in  part  and  the  proceeds  thereof  used,  as  far  as  re- 
quired, in  the  payment  for  such  public  utility,  work  or  way,  but 
no  such  bonds  shall  be  used  or  sold  at  less  than  par,  with  ac- 
crued interest,  nor  sold  except  after  advertisement,  as  in  this 
charter  i)rovided,  for  the  sale  of  public  improvement  bonds,  and 
such  bonds  and  the  interest  thereon  shall  be  paid  by  the  treas- 
urer, without  a  warrant  from  the  auditor. 

Treasurer's  Accounts  With  Public  Utility. 

Section  200.  Tlie  treasurer  shall  open  a  separate  account 
for  each  public  utility,  work  or  way  so  acquired  and  enter  therein 
all  receipts  and  disbursements  on  account  thereof,  and  all  moneys 
so  received  shall  be  paid  1o  the  treasurer,  and  paid  out  by  him 


92 

only  upon  the  warrant  of  the  board,  audited  by  the  auditor,  ex- 
cept as  otherwise  herein  provided. 

Surplus  Receipts  to  Sinking  Fund — Redemption  and  Purchase  of 

Bonds. 

Section  261.  All  surplus  receipts  from  any  public  utility, 
work  or  way  so  acquired,  over  and  above  operating  expenses, 
shall  be  paid  into  a  sinking  fund  to  be  kept  by  the  treasurer  on 
account  of  such  public  utility,  work  or  w^ay,  and  all  bonds  and 
coupons  shall  be  paid  out  of  such  sinking  fund.  Whenever  there 
shall  be  a  surplus  in  the  sinking  fund  in  excess  of  the  next  in- 
stallment of  maturing  bonds  and  interest  on  all  outstanding 
bonds  to  the  next  interest  payment,  such  surplus  may  be  invested 
in  bonds  of  the  city  and  county  at  not  above  their  market  value, 
nor  above  par  with  accrued  interest,  or  it  may  be  used  in  re- 
deeming outstanding  bonds  maturing  at  any  future  period,  at 
not  more  than  their  market  value,  nor  more  than  their  par  value 
with  accrued  interest.  As  soon  as  all  the  outstanding  bonds, 
with  interest,  shall  have  been  so  paid  out  of  the  sinking  fund,  or 
there  shall  be  sufficient  money  in  such  sinking  fund  to  pay  the 
same,  principal  and  interest,  the  balance  remaining  in  the  sink- 
ing fund  and  all  net  earnings  thereafter  shall  be  paid  into  the 
general  fund,  unless  some  or  all  thereof  shall  be  needed  for  im- 
provements or  betterments,  in  which  event  the  council  may  ap- 
propriate the  same  as  may  be  required. 

Rights  of  Way — How  Acquired. 

Section  262.  All  rights  of  way  and  easements  which  shall 
be  necessary  in  or  about  the  acquisition  of  such  public  utility, 
work  or  way,  shall  be  acquired  in  the  manner  provided  for  the 
acquisition  of  such  rights  of  way  and  easements  in  the  case  of 
public  improvements,  and  all  condemnation  proceedings  shall  be 
as  provided  by  law. 

Council  Fix  Rates. 

Section  263.  The  council  shall  fix  the  rates  for  the  service 
to  be  rendered  by  each  such  public  utility,  work  or  way,  but,  un- 
til such  public  utility,  work  or  way  shall  have  been  fully  paid, 
or  its  payment  provided  for,  by  said  sinking  fund,  as  aforesaid, 
such  rates  shall  never  be  less  than  sufficient,  annually,  to  pay  all 
cost  of  maintenance  and  operation,  plus  accruing  interest  on  all 
outstanding  bonds,  and  plus  such  pro  rata  amount  of  the  princi- 
pal of  the  total  issue  of  bonds  as  shall  be  necessary  to  produce 
the  principal  of  each  installment  of  bonds  as  such  installments 
mature,  and  if  during  any  one  year  the  rates  charged  shall  prove 
insufficient  for  such  jmrpose,  they  shall  be  increased  for  the  next 
succeeding  year  sufficiently  to  pay  such  deficiency ;  and  after  all 
of  said  bonds  and  interest  shall  have  been  fully  paid,  the  rates 
shall  never  be  less  than  sufficient  to  pay  for  all  expenses  of  main- 
taining and  operating  such  public  utility,  work  or  way. 


93 

Sixty  Dollar  ($60.00)  Arc  Lamps. 

Section  263- A.  The  Mavor  and  Council  of  the  City  and  County 
of  Denver  are  hereby  directed  to  enter  into  a  contract  for  street 
arc  lamps,  at  the  rate  of  sixty  dollars  (.^60.00)  per  year,  for  the 
period  of  ten  (10)  years,  with  The  Denver  Gas  &  Electric  Com- 
pany, and  to  authorize  The  Denver  Gas  &  Electric  Company  to 
purchase  the  property'  of  The  Lacombe  Electric  Company,  dis- 
charged of  any  option  of  the  Cit,y  and  County  of  Denver  to  pur- 
chase the  same;  Provided,  That  said  The  Denver  Gas  &  Electric 
Company  procures  a  release  from  The  Lacombe  Electric  Com- 
pany of  the  contract  with  the  City  and  County  of  Denver  to  pay 
ninety  dollars  (|90.00)  per  year  for  arc  lights. 

(New  Section.     Adopted  May  15,  1906.) 
Board  of  Public  Works  Control  Such  Public  Utilities. 

Section  264.  The  board  of  public  works  shall  have  full 
charge  anl  control  of  all  public  utilities,  works  and  ways  which 
may  be  acquired  and  shall  perform  all  duties  in  any  way  con- 
nected with  the  maintenance,  improvement  and  operation  of  the 
«ame. 

PUBLIC  UTILITIES   COMMISSION. 

Section  264-a.  Nothing  in  the  preceding  sections  or  in  this 
charter,  except  as  herein  specifically  provided,  shall  apply  to  the 
acquisition  or  operation  of  a  water  works  or  supplying  the  City 
and  County  of  Denver  and  its  inhabitants  with  water  for  all 
uses  and  purposes,  but  a  public  utilities  commission  is  hereby 
created,  to  consist  of  tliree  members,  to  have  complete  charge 
and  control  thereof,  and  to  have  and  exercise  all  the  powers 
given  to  the  board  of  public  works  in  Chapter  IX,  as  to  all  public 
utilities. 

Membership  Six  Years— Salary,  $4,000.00— Bond,  $10,000.00. 

Except  as  herein  jn-ovided,  each  member  of  said  commis- 
sion shall  be  elected  for  a  term  of  six  years  and  shall  serve 
until  his  successor  is  elected  and  qualifies,  and  his  salary  shall 
be  four  thousand  dollai*s  per  annum,  payable  in  equal  monthly 
installments  by  the  treasurer  out  of  the  general  fund  upon  the 
waiTant  of  the  commission,  and  Armour  C.  Anderson,  Edwin 
Van  Cise  and  A.  Lincoln  Fellows  are  hereby  elected  as  the  first 
members  of  said  commission  to  .serve,  in  the  order  named,  from 
the  date  of  their  election  to  June  1,  1912,  June  1,  1914.  and 
June  1,  1916,  respectively,  and  until  their  successors  are  elected 
and  qualify.  The  names  of  all  candidates  hereafter  nominated 
for  members  of  said  Commission  shall  appear  on  the  official  bal- 
lot without  any  party  designation  in  connection  therewith.  Each 
commissioner  shall  give  bond  in  the  sum  of  |10,000  in  the  manner 
provided  in  section  152  of  the  charter. 

Powers  and  Duties. 

Said  commission  shall  have  i)ower  to  employ  a  secretary  and 
such  legal  and  technical  hcljt  as  it  may  deem  necessary,  and  shall, 


94 

subject  to  the  civil  service  provisions  of  this  charter,  hire  all' 
other  employes,  and  shall  fix  and  pay  all  salaries  and  wages  and 
sha:ll  fix  and  collect  all  rates  and  charges  for  any  service  under 
•its  control,  which  rates  and  charges  shall  be  made  as  low  as 
good  service  will  permit.  Said  commission  may  adopt  reasonaible 
rules  and  regulation®  w'ith  reference  to  such  ser\dce.  It  shall 
make  an  itemized  monthly  statement  of  all  moneys  received  and 
paid  out  by  it,  a  copy  of  which  it  shall  file  with  the  city  auditor, 
and  shall  daily  turn  over  to  the  city  treasurer,  as  provided  in 
section  260,  the  money  received  by  it,  said  money  to  be  paid  out 
by  the  treasurer  only  upon  the  warrant  of  said  commission. 
Said  commission  shall  have  and  exercise  all  the  powers  of  the 
city  and  count}^  granted  in  the  constitution  or  named  in  the 
charter  in  the  matter  of  constructing,  purchasing,  condemning 
and  purchasing,  acquiring,  leasing,  adding  to,  maintaining,  con- 
ducting and  operating  a  water  plant  or  system  for  all  uses 
and  purposes  and  everything  pertaining  or  deemed  necessary  or 
incidental  thereto.  It  shall  institute  and  defend  all  litigation 
affecting  its  duties  and  powers  or  in  relation  to  its  trusts  and  all 
expenses  thereof  shall  be  paid  by  the  treasurer  out  of  the  gen- 
eral fund  upon  the  warrant  of  the  commission,  and  it  may  also 
call  to  its  assistanice  the  city  attorney  or  any  other  department 
of  the  city  government. 

Purchase  of  Water  Plant,  Etc. 

Except  as  in  this  section  provided,  the  city  and  county  shall 
never  purchase  or  acquire  or  exercise  any  option,  right,  privilege 
or  power  of  purchasing  or  acquiring  any  water  plant  or  system 
from  any  person,  persons  or  corporation,  except  upon  a  vote  of 
the  qualified  electors  first  had  and  obtained  authorizing  the  same, 
and  wherever  in  any  ordinance  or  contract  the  former  City  of 
Denver  was  given  tlie  right,  or  the  city  and  county  now  has  the 
privilege  or  power  to  purchase  or  acquire  any  Mnater  system  or 
plant  or  to  extend  any  contract  with  reference  thereto,  the  term 
"city"  used  in  any  such  ordinance  or  contract  shall  be  taken 
and  held  to  mean  the  qualified  electors  of  the  city  and  county 
and  not  otherwise.  No  plant  owned,  acquired  or  constructed  by 
the  city  and  county  and  no  water  rights  owned  or  acquired  by 
the  city  and  county  shall  ever  be  sold,  leased  or  otherwise  dis- 
posed of  except  upon  a  vote  of  the  qualified  electors  fii*st  had  and 
obtained,  and  the  same  shall  be  under  the  sole  control  and  man- 
agement of  said  commission. 

Recall  of  Members — Vacancy,  How^  Filled. 

An}-  member  of  said  commission  may  be  recalled  and  his 
successor  named  at  any  time  in  the  manner  provided  by  the 
recall  section  of  this  charter.  Any  vacancy  shall  be  filled  by  the 
remaining  members  of  the  commission  and  such  appointee  shall 
serve  until  the  next  municipal  election  and  until  his  successor 
is  elected  and  qualifies. 


95 

Municipal  Water  Plant. 

Upon  a  vote  of  the  taxpaying  electors  authorizing  the  same, 
as  hereinafter  provided,  the  City  and  County  of  Dienver  shall 
and  it  does  hereby  authorize  the  creation  of  an  indebtedness  in 
the  sum  of  eight  million  dollars  to  provide  a  municipal  water 
plant  or  system  and  everything  incidental  or  necessary  thereto 
for  supplying  the  city  and  county  and  its  inhabitants  with  water 
for  all  uses  and  j)urposes,  said  indebtedness  to  be  evidenced  by 
it's  bonds  of  the  par  value  of  eight  million  dollars,  in  convenient 
dienominations  of  not  more  than  one  thousand  dollars  each  and 
bearing  four  and  one-half  per  centum  interest  per  annum,  of 
such  date  and  in  such  form  and  maturing  at  such  times  as  may 
be  prescribed  by  said  commission.  The  council  shall  pass  such 
ordinances  as  said  commission  may  deem  necessar}^  respe(.-ting 
the  issuance  of  said  bonds  or  to  the  full  exercise  of  all  the  pow- 
ers given  it,  in  the  form  recommended  by  the  commission,  and 
w'ithout  amendment,  and  the  mayor  shall  sign  the  same.  Said 
commission  shall  issue  said  bonds  only  from  time  to  time  as  they 
are  required  for  actual  use  or  sole,  and  the  mayor  shall  sign  them 
and  the  clerk  shall  sign  and  attest  them  under  the  seal  of  the 
city  and  the  auditor  shall  register  them,  with  the  approval  of  the 
president  of  said  commission  endoreed  thereon,  No  such  bonds 
shall  be  used  or  sold  at  less  than  par,  nor  sold  except  after  ad- 
vertisement as  in  this  charter  provided,  or  the  sale  of  public  im- 
provement bonds,  and  they  may  be  called  for  redemption  and  re- 
deemed bv  the  commission  in  like  manner  as  provided  in  section 
314. 

D.  U.  W.  Co.  May  Sell  Plant  for  $7,000,000.00  on  or  Before  July 
1,  1910. 

If  tlie  Denver  Union  Water  Company  shall  place  in  escrow 
with  the  Continental  Trust  Company  of  Denver,  on  or  before 
July  1,  1910,  a  good  and  sufficient  deed  of  conveyance  from  said 
water  company,  to  the  City  and  County  of  Denver  for  all  the 
property  of  every  description  included  and  embraced  in  the  ap- 
praisement made  under  Ordinance  163,  series  of  1907,  fi-ee  and 
clear  of  all  liens,  encumbrances,  claims  and  demands  of  every 
kind  and  character,  accompanied  by  a  valid  surender  and  release 
of  any  and  all  rights,  claims  and  demands  said  company  or  any 
•of  its  subsidiary  associated  or  affiliated  companies  may  have 
against  the  city  and  county  or  against  any  of  said  property,  with 
direction  in  writing  to  deliver  the  same  to  said  commission  in 
exchange  for  seven  million  dollars  of  said  bonds  at  par,  then  the 
commission  shall  file  its  acceptam-e  with  said  trust  company  and 
the  same  shall  constitute  a  binding  contract  of  purchase.  In 
that  event  then  at  a  si)ecial  election  which  the  council  shall  call 
within  sixty  days  after  the  adoption  of  this  amendement,  to  be 
held  on  the  first  Tuesday  in  September,  1910,  there  shall  be 
Kubmitted  to  the  qualified  taxpaying  electors  the  (|uestion  of  is- 
suing the  said  eight  million  dollars  in  bonds,  of  which  seven  mil- 


96 

lion  dollars  at  par  shall  be  delivered  to  said  trust  company  a» 
aforesiiid  and  the  other  one  million  dollars  of  bonds,  or  so  much, 
thereof  as  may  be  deemed  necessary,  shall  be  sold  or  used  by  the 
commission  to  improve,  repair  and  add  to  the  water  plant  so  pur- 
chased. The  ballot  shall  have  printed  on  it  the  words,  "For  the 
issuance  of  Eight  Million  Dollars  in  bonds  for  the  Purchase  and 
Repair  of  the  existing  Water  Plant  under  the  provisions  of  sec- 
tion 2G4-a  of  the  Charter,"  and  on  a  separate  line  the  words, 
"Against  the  issuance  of  Eight  Million  Dollars  in  bonds  for  the 
Purchase  and  Repair  of  the  existing  Water  Plant  under  the 
provisions  of  section  264-a  of  the  Charter,"  with  a  space  oppo- 
site each  such  line  in  which  the  voter  may  make  his  mark  indi- 
cating his  vote. 

If  D.  U.  W.  Co.  Refuse  to  Sell,  Commission  Shall  Submit  the  Quesv 
tion  of  Constructing  a  Municipal  Water  Plant. 
In  case  the  Denver  Union  Water  Company  shall  fail  or  refuse 
to  fully  comply  with  all  the  foregoing  provisions  as  to  the  things 
to  be  done  and  performed  by  it,  then  at  the  special  election  afore- 
said in  lieu  of  the  foregoing  question,  there  shall  be  submitted 
to  the  qualified  taxpaying  electors  on  the  ballot  the  question  of 
issuing  eight  million  dollars  in  bonds  to  be  sold  or  used  to  con- 
struct and  put  into  operation  a  complete  system  of  water  Avorks 
for  supplying  said  city  and  county  and  the  inhabitants  thereof 
with  water  for  all  uses  and  purposes.  Said  ballot  shall  have 
printed  on  it  the  words,  'Tor  the  issuance  of  Eight  Million  Dol- 
lars in  bonds  for  the  Constructiom  of  a  new  Municipal  Water 
Plant,"  and  on  a  separate  line  the  words,  ''Against  the  Issuance 
of  Eight  Million  Dollars  in  bonds  for  the  Construction  of  a  new 
Municipal  Water  Plant,"  with  a  space  opposite  each  such  line  in 
which  the  voter  may  make  his  mark  indicating  his  vote.  Such 
bonds,  or  so  much  thereof  as  the  commission  may  deem  necessary, 
shall  be  sold  or  used,  by  it  to  construct  and'  put  into  operation  a 
complete  system  of  water  works  for  supplying  said  city  and 
county  and  its  inhabitants  with  water  for  all  uses  and  purposes, 
and  said  commission  shall  forthwith  proceed  to  construct  the 
same. 

Failure  of  D.  U.  W.  Co.  to  Accept — Commission  Investigate  Value 
of  Plant  —  May  Submit  Alternative  Bond  Proposition  for 
More  Than  $8,000,000.00. 

The  said  commission  shall  immediately  upon  its  election,, 
in  case  the  Denver  Union  Water  Company  has  not  accepted  the 
seven  million  dollars  in  bonds  for  its  plant  as  aforesaid,  proceed 
to  make  a  careful  investigation  of  the  value  of  said  plant  for  the 
usef?  and  purposes  of  the  City  and  County  of  Denver  and  its 
inhabitants,  aud  also  proceed  to  make  a  careful  estimate  of  the 
cost  of  constructing  a  complete  new  water  system  for  the  City 
and  County  of  Dtenver  and  the  inhabitants  thereof  and  may  sub- 
mit an  alternative  bond  proposition  at  said  special  election  for 
the  issuance  of  bonds  in  such  sum  as  it  nmv  deem  advisable  for 


97 

the  acquisition  or  construction  of  a  Avater  plant  or  any  part 
thereof  by  any  of  the  ways  within  its  powers  herein  mentioned, 
and  the  same  shall  be  placed  on  said  ballot  in  such  form  as  said 
commission  may  determine,  and  it  may  also  submit  any  proposi- 
tion concerning  its  powers  or  trust  at  any  municipal  election  in 
like  manner.  If  a  majority  of  the  votes  cast  thereon  shall  be  in 
favor  of  any  proposition  submitted  it  shall  thereb,v  be  adopted, 
and  in  case  alternative  propositions  are  submitted,  and  each  re- 
ceive a  majorit}',  then  the  one  receiving  the  greater  affirmative 
vote  shall  be  the  one  adopted.  Such  adoption  shall  be  a  sufficient 
authorization  for*  the  issuance  of  the  bonds  thereby  provided  fior 
and  the  same,  when  issued,  shall  be  and  constitute  an  indebted- 
ness of  the  City  and  Countj^  of  Denver  for  the  purposes  aforesaid, 
and  the  provisions  in  this  section  relative  to  the  issue,  sale  and 
redemption  of  bonds  shall  apply  thereto.  Any  provision  of  the 
charter  in  conflict  herewith  is  hereby  repealed. 
(New  section  adopted  May  17,  1910.) 

ARTICLE  X. 

FRANCHISES. 

Franchises — Vote  by  Taxpaying  Electors. 

Section  265.  No  franchises  relating  to  any  street,  alley  or 
public  place  of  the  city  and  county  shall  be  gTanted  except  upon 
the  vote  of  the  qualified  tax-paying  electors,  and  the  question 
of  its  being  granted  shall  be  submitted  to  such  vote  upon  de- 
posit with  the  treasui^r  of  the  expense  (to  be  determined  by  the 
treasurer)  of  such  submission  by  the  applicant  for  said  franchise. 

Not  More  Than  Twenty  Years — Specify  Streets,  Etc. 

Section  266.  All  franchises  or  privileges  hereafter  granted 
to  corporations  or  individuals  shall  be  limited  to  twenty  years 
from  the  granting  of  the  same,  and  such  franchises  or  privileges 
so  granted  shall  plainly  specify  on  what  particular  streets,  al- 
leys or  avenues  the  same  shall  apply ;  and  no^  franchises  or  priv- 
ileges shall  hereafter  be  granted  by  the  city  and  county  in  gen- 
eral terms  or  to  apply  to  the  city  and  county  generally. 

Ordinance  Not  Passed  for  Thirty  Days — Advertisement. 

Section  267.  No  ordinance  submitting  any  franchise  shall 
be  put  on  its  final  passage,  in  either  board,  within  thirty  days 
of  its  introduction  or  initiation,  nor  until  the  bill  therefor  has 
been  published  not  less  than  five  consecutive  times  in  some  daily 
newspaper  published  in  the  city  and  county.  No  exclusive  fran- 
chise shall  be  granted. 

Charges  for  Service  to  Be  Exercised  by  People. 

ScH;tion  268.  All  power  to  regulate  the  charges  for  service 
by  public  utility  corporations,  is  hereby  reserved  to  the  people,  to 
be  exercised  by  them  in  the  manner  herein  provided  for  initiat- 
ing an  ordinance. 


98 

Temporary  Permits. 

Section  2G9.  The  council  may  grant  a  license  or  permit  at 
any  time,  in  or  to  any  street,  alley  or  public  place,  provided  such 
license  or  permit  shall  be  revocaljle  at  any  time,  and  such  right 
to  revoke  shall  be  expressly-  reserved  in  every  license  or  permit 
which  may  be  granted  hereunder. 

ARTICLE  XI. 

PUBLIC    IMPROVEMENTS. 

Contracts — How  Made. 

Section  270.  The  city  and  county  shall  have  power  to  con- 
tract for  and  make  local  improvements,  and  to  assess  the  cost 
thereof  wholly  or  in  part  upon  the  property  especially  benefited, 
as  hereinafter  provided.  All  contracts  for  public  improvements 
shall  be  awarded  by  the  mayor,  upon  the  recommendation  of  the 
board  of  public  works  (hereinafter  designated  the  "board"), 
and  the  improvements  shall  be  constructed  by  and  under  the 
direction  of  the  board,  in  accordance  with  specifications  pre- 
scribed by  the  board. 

In  all  cases  when  the  cost  of  local  improvements  is  to  be 
assessed  wholly  or  in  part  upon  the  property  benefited,  the  same 
shall  be  constmcted  by  independent  contract  or  contracts ;  but 
other  public  improvements  may  be  constructed  by  day  labor 
under  the  direction  of  the  board. 

•  Local  Improvements  to  Be  Authorized  by  Ordinance. 

Section  271.  Whenever  the  board  shall  by  resolution  order 
Siuj  of  the  local  improvements  herein  mentioned,  the  same  shall 
be  authorized  by  ordinance,  which  ordinance  shall  be  in  the 
form  recommended  by  the  board,  by  endorsement  thereon,  and 
shall  not  be  subject  to  amendment  by  the  council. 

Paving  (Definition),  Grading,  Etc. — How  Ordered. 

Section  272.  The  board  may,  in  districts  to  be  prescribed  by 
the  board,  order  the  paving  (the  term  ''paving"  wherever  used  in 
this  charter  shall  include  macadamizing),  grading,  curbing,  gut- 
tering, surfacing  with  an  average  thickness  of  three  inches  of 
suitable  material,  and  the  construction  and  re-construction  of 
sidewalks  upon,  and  otherwise  improving  of,  the  whole  or  any 
part  or  parts  of  any  street  or  streets,  alley  or  alleys,  or  streets 
and  alleys,  in  the  city  and  county,  or  any  combination  of  the 
said  improvements,  including  the  necessary  grades,  cross-walks, 
culverts,  drains,  readjusting  man-holes  and  catch-basins,  and 
such  other  incidentals,  including  incidental  storm  sewers  in  the 
case  of  paving,  as  the  board  may  prescribe;  and  the  board  may 
thereafter,  under  the  conditions  herein  prescribed,  do  such  further 
grading  as  may  be  necessary  in  paving  or  otherwise  improving 
the  same  area;  Provided: 

First :  Before  ordering  the  improvements  mentioned  in  this 
section,  or  any  of  them,  the  board  shall  adopt  full  details  and 


99 

specifications  tor  llic  !«tiiii(',  permitting  and  encouraging  competi- 
tion, determine  the  number  of  installments  and  time  in  which 
the  cost  shall  be  payable,  the  rate  of  interest  on  unpaid  install- 
ments, and'  the  district  of  lands  to  be  assessed  for  the  same,  as 
in  this  article  provided;  and  shall  cause  the  engineer  to  make 
an  estimate  of  the  total  cost  of  such  improvements,  exclusive  of 
the  per  centum  for  cost  of  collection  and  other  incidentals,  and 
of  interest  to  the  time  the  first  installment  comes  due,  and  a  map 
of  the  district  to  be  assessed,  from  which  map  the  approximate 
share  of  said  total  cost  that  will  be  assessed  upon  each  piece 
of  real  estate  in  the  district  may  be  readily  ascertained;  and  no 
contract  shall  be  let  for  any  amount  exceeding  the  total  esti- 
mate of  the  engineer. 

Second:  The  board  shall  by  advertisement  for  ten  consecu- 
tive days,  exclusive  of  Sundays  and  other  legal  holidays,  in  two 
daily  newspapers  of  general  circulation,  published  in  the  city 
and  county,  give  notice  to  the  owners  of  the  real  estate  in  the 
district  and  to  all  persons  interested,  generally,  and  without 
naming  such  owners  or  persons,  of  the  kinds  of  improvement 
proposed  (without  mentioning  minor  details  or  incidentals), 
the  number  of  installments  and  time  in  which  the  cost  of  the 
improvements  will  be  payable,  the  rate  of  interest  on  unpaid  in- 
stallments, the  extent  of  the  district  to  be  assessed  (by  boundaries 
or  other  brief  description),  the  probable  cost  as  shown  by  the 
total  estimate  of  the  engineer,  the  maximum  share  of  said  total 
estimate  per  front  foot,  where  the  assessment  is  made  per  front 
foot,  or  per  square  foot  or  ordinary  lot  of  twenty-five  by  one 
hundred  and  twenty-five  feet,  where  the  assessment  is  made  ac- 
cording to  area,  that  will  be  assessed  upon  any  lot  or  lands  in 
the  district  (and  in  case  the  assessment  shall  be  made  other- 
wise than  per  front  foot  or  square  foot,  the  said  maximum  share 
to  be  assessed  upon  any  lot  or  lands  in  the  district  or  to  any  per- 
sons shall  be  stated  according  to  the  method  of  assessment 
adopted  in  the  district),  and  the  time,  not  less  than  sixty  (60) 
days  after  the  first  publication  when  the  board  will  consider  the 
ordering  of  the  proposed  improvements  and  hear  all  complaints 
and  objections  that  may  be  made  in  writing  concerning  the  pro- 
posed imjirovements,  by  the  owner  of  any  real  estate  to  be  as- 
sessed, or  any  persons  interested,  that  said  map  and  estimate 
and  all  proceedings  of  the  board  in  the  premises  are  on  file  and 
can  be  seen  and  examined  at  the  office  of  the  board  during  busi- 
ness hours,  at  any  time  within  said  period  of  sixty  (60)  days, 
by  any  person  interested. 

Third:  If  the  owners  of  one-third  of  the  frontage  of  the 
real  estate  to  be  assessed  shall  petition  for  paving,  and  name  the 
kind  of  paving,  whether  asphalt,  macadam,  stone,  brick  or  any 
other  kind  of  substantial  paving,  then  the  imi)rovement&  shall  be 
ordered;  Provided,  the  board  shall  deem  such  j)roposed  improve- 
ment good  and  sufficient  for  the  particular  locality,  and  the  kind 


100 

of  pavement  so  named  shall  be  used,  except  that  no  petition  or 
specifications  shall  name  any  material  from  any  specified  locality, 
quarry  or  kiln  or  of  any  particular  name,  make,  brand  or  source. 
The  petition  must  be  subscribed  and  acknowledged  in  the  manner 
provided  by  law  for  acknowledgments  of  deeds  of  conveyance  of 
real  estate,  by  the  owners  or  their  agents  duly  thereunto  author- 
ized by  power  of  attorney  acknowledged  in  like  manner,  of  one- 
third  of  the  frontage  of  the  real  estate  to  be  assessed  for  the 
same.  Xo  petitioner,  his  heirs  or  assigns,  shall  be  permitted  to 
withdraw  his  name  from  the  petition  after  the  same  has  been 
filed  with  the  board,  unless  the  board  fails  to  order  such  im- 
provements, upon  such  petition,  within  nine  months  from  the 
time  the  petition  is  so  filed.  All  requests  for  withdrawal  must  be 
subscribed  and  acknowledged  as  aforesaid. 

Every  petition  shall  state  the  maximum  cost  per  front  foot, 
exclusive  of  interest  and  cost  of  collection,  for  the  entire  "im- 
provement when  completed,  and  the  amount  so  nained  shall  not 
be  exceeded.  All  matters  contained  in  the  petition,  except  the 
naming  of  the  kind  of  pavement,  as  aforesaid,  and  of  the  maxi- 
mum cost,  as  aforesaid,  may  be  disregarded  by  the  board,  and 
any  one  or  more  of  the  other  improvements  mentioned  in  this 
section  may  be  addfed  by  the  boaTd,  if  the  maximum  cost  is  not 
exceeded. 

Where  the  paving  petitioned  for  in  any  number  of  petitions 
is  substantially  the  same,  the  improvement  may  be  included  in 
one  district,  but  in  such  case  each  petition  shall  be  considered 
as  a  unit  for  the  purpose  of  petition  and  remonstrance,  and  may 
be  considered  as  a  unit  for  any  other  purpose,  as  the  board 
may  direct. 

But  no  petition  shall  be  required  to  authorize  the  board  to 
order  any  paving  mentioned  in  this  section;  Provided,  that  no 
paving,  alone  or  in  combination  with  other  improvements,  unless 
a  petition  therefor  has  been  filed  as  aforesaid,  shall  be  ordered 
if  the  amount  to  be  assessed  therefor,  upon  any  piece  of  real 
estate,  shall  exceed  one-half  its  valuation  for  assessment  for  gen- 
eral taxes  for  the  year  preceding  the  proposed  order;  Provided, 
that  if,  owing  to  peculiar  conditions,  only  exceptional  pieces  of 
real  estate  will  be  so  aff'ected,  the  city  and  county  may  assume 
and  pay  such  excess,  or  the  improvement  of  such  pieces  of  real 
estate  may  be  excepted  from  the  district  and  the  improvement 
ordered.  And,  Provided,  further,  that  except  on  petition,  no 
paving  district  shall  include  more  than  tw^elve  (12)  blocks  of 
street,  with  intersections. 

Fourth:  If  within  the  time  specified  ini  said  notice  a  re- 
monstrance against  the  making  of  all  the  improvements  pro- 
posed shall  be  filed  with  the  board,  subscribed  and  acknowledged 
as  above  provided  for  petitions,  by  the  OAvners  of  not  less  than 
thirty-five  per  centum  of  the  frontage  of  the  real  estate  to  be  as- 
sessed for  paving  alone,  or  for  paving  in  combination  with  other 


101 

improvements,  or  by  the  owners  of  a  majority  of  the  frontage 
of  the  real  estate  to  be  assessed  for  any  other  improvement  or 
combination  of  improvements,  without  paving,  the  improvements 
shall  not  be  made;  Provided,  that  the  construction  of  sewers 
shall  not  be  subject  to  remonstrance. 

No  owner,  his  heirs  or  assigns,  who  shall  have  signed  and 
not  withdrawn  from  a  paving  i)etition  before  the  same  is  filed 
with  the  board,  shall  be  permitted  to  sign  a  remonstrance 
against  the  paving  proposed. 

Fifth.  In  all  specifications  for  material  to  be  used  in  pub- 
lic improvements  of  every  kind  the  board  shall  establish  a  stand- 
ard of  purity,  strength  and  quality,  to  be  demonstrated  by  physi- 
cal and  chemical  tests  within  limits  of  reasonable  variations, 
such  as  rattler,  crushing,  absorption,  chemical  and  other  tests, 
and  in  every  instance  the  material  shall  be  described  in  the  speci- 
fications either  by  standard  or  quality,  as  will  admit  of  genuine 
competition  between  contractors,  so  that  there  can  be  at  least 
two  or  more  bids  by  individuals  or  companies  in  no  manner  con- 
nected with  each  other,  and  no  material  shall  be  specified  which 
shall  not  be  subject  to  such  competition. 

Sixth.  All  the  proceedings  by  the  board  may  be  modified, 
confirmed  or  rescinded  by  the  board  at  any  time  prior  to  the 
passage  of  the  ordinance  authorizing  the  improvements;  Pro- 
vided, that  no  substantial  change  in  the  district,  map,  details, 
specifications  or  estimate  shall  be  made  by  the  board  after  the 
first  publication  of  the  notice  to  property  owners. 

Seventh.  In  all  cases  of  j)aving,  the  specifications  and  con- 
tract shall  provide  that  bidders  shall  guarantee  that  the  paving 
shall  remain  in  good  order  and  repair  for  a  period  of  five  years, 
and  to  make  all  necessary  repairs  during  such  period  without 
further  compensation ;  Provided,  that  in  case  of  macadamizing, 
the  guaranty  shall,  after  two  years,  extend  only  to  the  main- 
taining of  a  perfect  grade,  surface  and  foundation,  and  not  to 
any  diminution  of  the  thickness  of  the  original  pavement  by  wear 
and  tear;  in  case  of  cement  concrete  curb,  gutter  or  sidewalk, 
the  specifications  and  contract  shall  provide  for  a  guaranty  of 
two  years ;  and  the  board  may  provide  for  a  guaranty  for  a  rea- 
sonable time,  not  to  exceed  two  years,  of  all  other  work. 

Eightli.  If  at  the  time  of  the  passage  of  the  ordinance  au- 
thorizing the  improvements  for  any  district,  any  piece  of  real 
estate  in  the  district  has  the  whole  or  any  part  of  the  proposed 
improvements,  conforming  or  approximately  conforming  to  the 
general  plan,  the  board  may  adopt  the  same,  in  whole  or  in  part, 
or  make  the  necessary  changes  to  make  the  same  conform  to  the 
general  plan,  and  the  owner  of  such  real  estate  shall,  when  the 
assessment  is  nmde,  be  credited  with  the  amount  which  is  saved 
by  reason  of  adopting  or  adapting  such  existing  improvements. 

Ninth.  The  finding  of  the  council  by  ordinance,  that  any 
improvements  provided  for  in  this  article  were  duly  ordered  after 


102 

notice  duly  given,  or  that  a  petition  or  remonstrance  was,  or  was 
not  filed,  or  was  or  was  not  duly  subscribed  and  acknowledged 
by  the  required  number  of  owners,  as  in  this  article  provided, 
shall  be  conclusive  in  every  court  or  other  tribunal. 

Assessment  of  Cost — Hovsr  Apportioned. 

Section  273.  In  case  of  the  improvement  of  any  street  as 
hereinabove  provided,  except  as  otherwise  provided  in  this  arti- 
cle, the  cost  of  the  improvements,  except  in  the  intersection  of 
the  streets  and  alleys,  and  except  the  share  to  be  paid  by  street 
or  other  railway  companies,  shall  be  assessed  upon  all  the  lots 
and  lands  abutting  on  the  streets  improved,  in  proportion  as  the 
frontage  of  each  lot  or  tract  of  land  is  to  the  frontage  of  all  the 
lots  and  lands  so  improved,  the  sides  of  corner  lots,  which  sides 
abut  on  the  streets  so  improved,  being  regarded  as  frontage; 
Provided,  that  where  the  lots  or  lands  abutting  on  the  street  im- 
proved are  not  of  substantially  equal  depth,  or  where  any  of 
such  lots  or  lands  are  less  than  one  hundred  and  fifty  feet  in 
depth,  then  if  the  board  so  determine,  the  real  estate  abutting 
on  the  street  improved  may  be  assessed  to  a  substantially  equal 
depth,  not  less  than  twenty  and  not  more  than  one  hundred  and 
fifty  feet  from  the  street  improved,  without  regard  to  lot  or  land 
lines,  as  the  board  may  determine;  and  in  all  such  cases  the 
board  may  divide  the  depth  of  the  real  estate  so  to  be  assessed 
into  from  two  to  six  zones,  parallel  with  the  street  improved, 
and  apportion  the  amount  to  be  paid  for  the  entire  depth  to  the 
different  zones,  in  proportion  to  the  benefits  received  by  each 
zone,  and  wherever  a  lot  or  land  line  lies  within  such  zone,  the 
board  may  determine  the  proportion  to  be  paid  upon  the  real 
estate  lying  on  each  side  of  such  line  within  the  zone;  Provided, 
that  in  improvement  districts  for  the  combined  grading,  curbing, 
guttering  and  surfacing  (and  any  other  improvements  mentioned 
in  section  272  hereof,  which  may  be  included)  of  any  street 
which  constitutes  or  is  suitable  for  a  general  thoroughfare  or 
boulevard,  the  whole  or  any  part  of  the  cost  of  either  grading  or 
surfacing,  or  both,  may  be  paid  for  by  the  city  and  county  out  of 
the  general  revenue,  as  may  be  provided  by  ordinance,  and  the 
remainder  of  the  total  cost  of  such  combined  improvements  shall 
be  assessed  and  paid  for  as  in  other  cases  of  grading,  curbing, 
guttering  and  surfacing. 

Intersections — How  Cost  Apportioned. 

Section  274.  In  case  of  the  improvement  of  any  street,  ex- 
cept as  otherwise  provided  herein,  the  cost  of  the  improvements 
in  each  street  intersection,  except  the  share  to  be  paid  by  street 
or  other  railway  companies,  shall  be  assessed  upon  all  the  front- 
age on  the  street  improved,  and  on  the  intersecting  streets  within 
a  distance  of  one-half  block  in  each  direction  from  such  intersec- 
tion, in  proportion  to  the  frontage  of  each  piece  of  real  estate  on 
the  street  improved  or  on  any  intersecting  street,  or  on  botli, 
within   said  distance;   and  the   cost   of  each   allev   intersection 


103 

shall  be  assessed  upon  all  the  real  estate  in  the  same  block  in 
proportion  to  the  frontage  on  the  street  improved. 

Alley  Paving- — Not  Subject  to  Remonstrance. 

Section  275.  The  paving  of  any  alley  or  alleys  connecting 
with  any  paved  street,  when  ordered  by  the  board,  shall  not  be 
the  subject  of  remonstrance,  but  owners  of  the  frontage  to  be 
assessed  shall  have  the  right  to  present  objections  to  such  paving, 
as  herein  provided. 

Irregular  Shapes — How  Cost  Assessed. 

Section  276.  When  any  real  estate  is  "V"  shaped  or  of 
any  irregular  form,  the  council  may,  upon  the  recommendation 
of  the  board,  make  such  allowance  in  the  assessment  thereon  as 
to  them  may  seem  equitable  and  just,  or  may  refuse  to  make  any 
allowance ;  and  in  case  of  any  unusual  area  or  proportion  of  in- 
tersections the  board  may  order  not  to  exceed  one-half  of  the 
cost  of  such  intersections  to  be  paid  by  the  city  and  county,  and 
the  remainder  only  shall  in  such  case  be  assessed. 

Definition  of  Terms. 

Section  277.  The  term  "street,"  as  used  in  this  article,  shall 
include  avenues,  boulevards  and  other  highways;  the  term  "real 
estate"  shall  be  held  to  mean  all  lands,  whether  platted  or  un- 
platted, regardless  of  lot  or  land  lines.  Lots,  plots,  blocks  and 
other  subdivisions  may  be  designated  in  accordance  with  any 
recorded  plat  thereof,  and  unplatted  lands  by  any  definite  de- 
scription. 

SIDEWALKS. 

Include  Grading — Owners  Construct  Walks — Conditions. 

Section  278.  In  districts  for  the  construction  and  recon- 
struction of  sidewalks  alone,  or  in  combination  with  other  im- 
provements, the  work  shall  include  the  necessary  grading  from 
curb  line  to  lot  line.  The  owners  shall  have  the  right  to  con- 
struct or  reconstruct  their  owm  walks,  in  conformity  with  the 
plans  and  specifications  for  the  district,  within  thirty  days  from 
the  publication  of  the  ordinance  creating  the  district,  upon  the 
deposit  with  the  treasurer  of  the  city  and  county  of  the  approxi- 
mate pro  rata  share  of  the  total  cost  of  the  district,  excepting 
construction,  reconstruction  and  grading,  to  be  fixed  by  the 
board,  and  when  such  cost  is  definitely  ascertained  the  excess  de- 
posited shall  be  returned.  And  whenever  sidewalks  are  ordered, 
in  combination  with  improvements  other  than  grading  sidewalk 
areas,  a  separate  contract  shall  be  let  for  the  construction  and 
reconstruction  of  the  sidewalks,  exclusive  of  the  .necessary 
grading. 

Cost  of  Construction — How  Apportioned. 

Section  279.  The  whole  cost  of  construction  and  reconstruc- 
tion, including  intersections  and  necessary  grading  and  removal 
of  obstructions,  shall  be  assessed  upon  the  lots  or  lands  in  front 


104 

of  which  such  improvements  are  made,  as  follows:  The  grading, 
removal  of  obstructions,  intersections  and  all  other  general  ex- 
penses, including  cost  of  collection  and  interest,  pro  rata  per 
front  foot ;  new  walks  pro  rata  per  front  foot  where  constructed ; 
and  reconstructed  walks  upon  each  lot  or  piece  of  land  where 
reconstructed  according  to  the  cost  of  reconstruction. 

Sidewalks  Other  Than  in  Sidewalk  Districts. 

Section  280.  The  board  may  order  the  construction  or  re- 
construction of  sidewalks  otherwise  than  in  districts,  whenever 
in  the  opinion  of  the  board  it  shall  be  proper,  because  sufficient 
sidewalks  have  been  laid  in  the  vicinity,  to  make  it  reasonable 
that  intervening  sidewalk  areas  should  be  provided  with  side- 
walks, or  existing  sidewalks  should  be  reconstructed ;  in  all  such 
cases  the  board  shall  notify  the  owner  or  his  agent  to  construct 
or  reconstruct  such  walks  within  thirty  days  from  the  date  of 
the  service  of  such  notice.  Said  notice  shall  be  in  writing  and 
served  in  person  upon  the  owner,  if  found  within  the  city  and 
county,  and  if  not,  it  may  be  served  by  registered  United  States 
mail  or  by  publication  for  ten  days  in  some  daily  newspaper 
published  in  the  city  and  county.  Whenever  the  owner  shall  be 
in  default  the  board  may  have  the  required  work  done  by  day 
labor  or  contract,  and  when  done,  issue  to  the  person  doing  the 
work  its  certificate  therefor,  stating  the  just  amount  due  him, 
which  certificate  shall  draw  interest  at  the  rate  of  one  per  centum 
per  month  until  paid,  and  when  recorded  in  the  oflSce  of  the  re- 
corder, shall  be  a  lien  upon  the  property  in  front  of  which  the 
work  was  done,  and  said  amount  may  be  recovered  by  the  holder 
of  the  certificate  against  the  owner  in  any  court  of  law,  and  said 
lien  may  be  foreclosed  by  the  holder  of  such  certificate,  if  not 
paid  within  thirty  days  from  its  date. 

The  council  may,  by  ordinance,  provide  any  further  means 
for  compelling  the  owners  of  such  property  to  do  the  work  in 
this  section  mentioned  and  referred  to. 

Official  Grade— When  Walks  Not  Laid  To. 

Section  281.  All  sidewalks  ordered  by  the  board  shall  be 
laid  to  the  official  grade,  unless  the  owners  of  at  least  three- 
fourths  of  the  frontage  on  any  side  of  one  block  request  that  the 
sidewalks  on  such  frontage  be  laid  otherwise  than  to  official 
grade,  and  the  board  shall  deem  such  request  reasonable. 

SEWERS. 

Sewer  Systems — Establishment  of. 

Section  282.  The  city  and  county  may  establish  and  main- 
tain separate  or  combined  sewer  systems,  which  systems  shall 
be  divided  into  district  and  subdistrict  sewers  for  korm  drain- 
age, sanitary  drainage,  or  both. 


105 

How  Constructed. 

Section  283.  Said  sewers  sliall  be  established  and  con- 
structed at  such  time,  in  such  locations,  or  such  extent,  dimen- 
sions and  materials,  and  in  accordance  with  such  full  details  and 
specifications  as  may  be  prescribed  by  the  board.  Wherever  nec- 
essary, rights  of  way  for  any  sewers  authorized  by  this  article 
may,  upon  the  order  of  the  board,  be  purchased  or  condemned 
on  behalf  of  the  district,  and  the  cost  charged  to  such  district. 

Sewer  Districts — Sanitary,  Storm,  Etc. 

Section  284.  The  board  may  order  the  construction  of  dis- 
trict sewers  and  appurtenances  for  sanitary  drainage  for  dis- 
tricts to  be  known  as  sanitary  sewer  districts;  the  construction 
of  district  sewers  and  appurtenances  for  storm  drainage  for  dis- 
tricts to  be  known  as  storm  sewer  districts;  the  construction  of 
district  sewers  and  appurtenances  for  storm  and  sanitary  drain- 
age for  districts  to  be  known  as  combined  sewer  districts;  the 
construction  of  intercepting  sewers  and  appurtenances  for  storm 
drainage,  sanitary  drainage  or  both,  for  districts  to  be  known 
as  intercepting  sewer  districts,  and  the  construction  of  district 
sewers  and  appurtenances  for  sanitary  drainage  for  districts 
to  be  known  as  special  sanitary  sewer  districts,  the  same  to  be 
approved  by  ordinance  passed  by  a  two-thirds  vote  of  the  coun- 
cil. Such  sewers  shall  be  constructed  so  as  to  connect,  within 
or  without  the  district,  with  some  other  or  sufficient  sewer  or 
with  some  natural  drainage.  Such  districts,  except  special  sani- 
tary sewer  districts,  may  be  composed  of  subdistricts,  to  be  spe- 
cifically named  or  numbered  in  said  ordinance.  District  sewers, 
except  as  hereinafter  provided,  shall  include  all  submains  neces- 
sary to  provide  outlets  for  all  subdistrict  laterals  within  the  dis- 
trict. Special  district  sewers  shall  include  the  necessary  mains 
to  provide  outlets  for  all  laterals  within  the  special  sewer 
district. 

Subdistrict  Laterals. 

Section  285.  iThe  board  may,  at  the  time  of  ordering  the 
construction  of  district  sewers,  or  at  any  time  or  times  there- 
after, order  the  construction  of  subdistrict  laterals  in  any  of 
such  subdistricts,  so  as  to  connect  the  same  with  the  submains 
or  with  the  district  sewer,  the  same  to  be  approved  by  ordinance 
as  in  the  case  of  district  sewers. 

Cost — How  Apportioned. 

Section  280.  Tlie  cost  of  district  sewers  shall  be  assessed 
upon  all  the  real  estate  in  the  district,  in  proportion  as  the  area 
of  each  piece  of  real  estate  in  the  district  is  to  the  area  of  all 
of  tlie  real  estate  in  the  district,  exclusive  of  public  highways, 
and  the  cost  of  subdistrict  laterals  shall  be  assessed  in  like  man- 
ner upon  all  the  real  estate  in  the  subdistrict;  Provided,  that 
the  construction  of  any  submain  may  be  omitted  until  such  time 
as  it  may  be  required,  in  which  case  subdistricts  so  left  without 


106 

■snbmains  shall  not  be  assessed  for  any  part  of  the  costs  of  sub- 
mains  constructed  along  with  and  as  a  part  of  the  district  sewer. 
Whenever  submains  so  omitted  are  required,  their  construction 
may  be  ordered  as  in  this  article  provided  for  other  sewers,  and 
their  cost  shall  be  assessed  to  the  subdistricts  which  are  thus 
supplied  with  submains. 

Temporary  Connections. 

Section  287.  Temporary  connections  may  be  made  with  any 
sewer  from  property  lying  without  districts,  with  the  consent  of 
the  board  and  upon  such  terms  as  the  board  may  require. 

Private  Sewers. 

Section  288.  Private  sewers  connecting  with  district  sewers 
may  be  constructed  under  such  restrictions  and  subject  to  such 
regulations  as  may  be  prescribed  by  the  board,  but  no  expense 
shall  be  incurred  by  the  city  and  county  in  constructing  or  main- 
taining them;  and  the  city  and  county  shall  have  power  by  ordi- 
nance to  compel  the  owners  of  any  premises  in  any  sewer  district 
or  subdistrict  to  connect  the  same  with  the  district  or  subdistrict 
sewer  at  their  own  expense. 

Construction  Not  Subject  to  Remonstrance. 

Section  289.  In  ordering  the  construction  of  sewers,  the 
board  shall  proceed  as  required  in  the  first,  second  and  sixth 
provisos  of  section  272  hereof,  but  the  construction  of  such  sewers 
shall  not  be  subject  to  petition  or  remonstrance. 

Sewer  Extensions. 

Section  290.  The  city  and  county  may  extend  and  maintain 
any  existing  public  sewer  or  any  district  sewer  main  hereafter 
constructed,  from  its  outlet  to  any  point  within  or  without  the 
city  and  county.  Such  sewer  extensions  shall  be  established  and 
constructed  at  such  times,  in  locations  within  or  without  the  city 
and  county,  of  such  extent,  dimensions  and  material,  and  in  ac- 
cordance with  such  full  details  and  specifications  as  may  be  pre- 
scribed by  the  board.  Necessary  rights  of  way  may,  upon  the  or- 
der of  the  board,  be  purchased  or  condemned  on  behalf  of  the 
city  and  county,  and  the  whole  cost  thereof,  sewer  and  rights  of 
way,  shall  be  paid  by  the  city  and  county.  \ 

No  Connections  Until  Cost  Is  Paid. 

Section  291.  No  lots  in  any  sewer  district  shall  be  con- 
nected with  the  district  sewer  unless,  before  completion  the  esti- 
mated cost,  or,  after  completion,  the  assessment  has  been  paid. 

Illegal  Assessment — Connections  Not  Made  Till  Cost  Paid. 

Section  292.  If  in  any  sewer  district  any  assessments  upon 
the  lots  therein  for  the  construction  of  a  sewer  therein  has  in  any 
court  of  competent  jurisdiction  been  held  illegal,  the  owner  of 
any  lot  in  such  district  shall  only  be  permitted  to  connect  with 
or  use  such  sewer  upon  payment  into  the  treasurv  for  the  use  of 


107 

the  holders  of  the  warrants  or  bonds  issued  for  the  construction 
of  such  sewer,  or  if  such  warrants  Mve  been  taken  up,  then  into 
the  general  fund  of  the  city  and  county,  such  amount  as  may  be 
fixed  by  ordinance. 

VIA.DUCTS    AND    TUNNELS. 

Board  May  Order  Construction — Districts. 

Section  293.  The  board  may  order  the  construction  of  via- 
ducts and  tunnels  in  such  locations,  of  such  character  and  ma- 
terial, including  paving  and  suitable  approaches,  and  in  ac- 
cordance with  such  specifications,  as  may  be  prescribed  by  the 
board ;  and  unless  othei-wise  ordered  by  the  board  and  the  coun- 
cil, the  entire  cost  thereof  shall  be  assessed  upon  the  districts 
benefited  thereby,  as  hereinafter  provided. 

Such  distriets  may  be  created  by  ordinance  upon  the  recom- 
mendation of  the  board,  as  provided  in  section  271  hereof;  and 
may  include  or  except  the  real  estate,  or  any  part  thereof,  lying 
between  the  termini  or  between  lines  intersecting  the  termini  of 
such  improvements,  and  any  real  estate  so  excepted  shall  be  des- 
ignated on  the  map  as  "excepted"  from  said  district;  Provided, 
that  if  approaches  approved  by  the  board  are  constructed  be- 
tween such  termini,  no  real  estate  between  the  termini  accessible 
from  such  approaches  shall  be  excepted;  or  if  being  excepted, 
such  approaches  are  afterwards  constructed,  then  the  whole  cost 
of  the  approaches  shall,  in  like  manner  and  upon  like  notice  be 
assessed  upon  the  real  estate  so  excepted,  together  with  such  ad- 
ditional amounts  as  may  be  apportioned  by  ordinance,  upon  rec- 
ommendation of  the  board,  as  the  share  of  the  cost  of  the  princi- 
pal structure  to  be  borne  by  the  territory  so  excepted,  the  same 
to  be  credited  to  the  remainder  of  the  district  after  hearings,  as 
the  same  may  be  provided  for  by  ordinance.  The  term  "tunnels/' 
as  used  in  this  charter,  shall  be  held  to  include  open  cuts. 

Remonstrance — Thirty-five  Per  Cent,  of  Owners — Use  of  Viaduct, 
Etc. 

Section  294.  The  proceedings  shall  be  as  required  in  the 
first,  second  and  sixth  provisos  of  section  272  hereof;  and  if, 
within  the  time  specified  in  the  advertisement  of  the  board,  a  re- 
monstrance shall  be  filed  with  the  board,  subscribed  and  ac- 
knowledged as  provided  in  the  third  proviso  of  section  272  hereof, 
by  the  owners  of  thirty-five  per  cent,  in  area  of  the  real  estate 
which  is  to  be  assessed  for  the  improvements,  then  the  improve- 
ments shall  not  be  made,  and  the  proceedings  shall  not  be  re- 
newed for  six  months  thereafter. 

No  viaduct  or  tunnel  constructed  in  pursuance  of  this  arti- 
cle shall  be  occu])ied  by  any  tracks  of  any  kind,  or  used  by  cars 
or  other  vehicles  of  any  kind  propelled  upon  tracks  or  trams,  by 
steam,  electricity,  cable  or  other  power,  or  for  the  support  of 
any  poles,  wires,  pipes  or  other  conduits  of  any  kind,  except  only 
such  as  may  be  necessarv  for  the  maintenance  of  such  viaduct  or 


108 

tunnel,  or  used  as  a  means  of  immediate  approach  to  any  saloon 
or  other  place  where  intoxicating  or  malt  liquors  are  sold  or 
o-ivon  away,  except  upon  a  petition  of  the  owners  of  a  majority 
in  area  of  the  real  estate  which  is  or  is  to  be  assessed  for  the 
iiii])rovements,  unless  in  the  resolution  of  the  board  ordering  the 
improvements  and  in  the  ordinance  authorizing  the  same,  pro- 
vision shall  be  made  for  such  occupation  or  use;  but  no  such  pro- 
vision shall  be  made,  and  no  right  shall  be  given  to  occupy  or  use 
such  viaduct  or  tunnel  for  any  such  purpose,  except  for  a  reason- 
able consideration,  to  be  specified  by  the  board  and  the  council, 
and  to  be  paid  into  the  treasury  of  the  city  and  county  to  the 
credit  of  such  district,  or  otherwise  assured  to  the  satisfaction  of 
the  board,  at  or  before  the  time  of  executing  the  contract  for  said 
improvements;  and  in  such  case  the  balance  only  of  the  cost  of 
said  improvements  shall  be  assessed  upon  the  district  benefited, 
as  provided  in  this  article.  Failure  within  the  time  above  speci- 
fied to  pay  for  such  privilege,  or  so  assure  said  consideration, 
shall  operate  as  a  waiver  of  such  privilege. 

Advertisements  for  Bids — Eminent  Domain,  Etc. 

Section  29S.  In  the  construction  of  viaducts  and  tunnels 
separate  bids  shall  be  advertised  for  and  separate  contracts  let 
for  different  parts  of  the  improvement.  For  the  purpose  of  con- 
structing viaducts  and  tunnels  the  city  and  county  may,  upon 
the  order  of  the  board,  exercise  the  right  of  eminent  domain  and 
condemn,  take  or  damage  any  private  property  necessarily  con- 
demned, taken  or  damaged  in  the  making  of  said  improvements; 
and  may  at  its  option,  take  such  parts  only  of  the  property  as 
may  be  necessary  for  the  foundations  and  support  of  the  improve- 
ment, and  such  rights  of  way  over,  or  under,  and  such  easements 
in,  such  property  as  may  be  necessary  for  the  construction,  main- 
tenance, repairs  and  perpetual  use  of  such  improvements. 

Assessment  of  Cost — How  Apportioned. 

Section  29G.  The  entire  cost  of  the  construction  and  com- 
pletion of  such  viaducts  and  tunnels,  including  approaches,  engi- 
neering, clerical  expenses,  costs  of  inspection,  interest  and  collec- 
tion, together  with  the  costs  of  any  necessary  rights  of  way  and 
of  any  lands  so  taken  or  damaged,  less  any  amounts  paid  for  the 
privileges  above  mentioned,  and  less  any  amounts  agreed  to  be 
paid  by  the  city  and  county,  shall  be  assessed  upon  all  the  real 
estate  in  the  district,  benefited,  exclusive  of  public  parks,  high- 
ways and  natural  water  courses,  and  upon  all  steam  railway 
companies  whose  tracks  are  crossed  by  the  improvement,  in  pro- 
portion to  the  benefits  to  each  piece  of  real  estate  or  to  such  com- 
panies, accruing  by  reason  of  the  improvement,  and  in  accordance 
with  such  rules  of  apportionment  as  may  be  recommended  by  the 
board  and  approved  by  the  council. 

The  assessments  to  any  such  company  shall  be  a  lien  upon 
tlie  rights  of  way  so  crossed,  and  upon  all  other  real  estate  of 
such   companies,   respectively,   used    in    connection    with     such 


109 

rigfhts  of  way  in  the  eit}'  and  county,  to  the  same  extent  and  with 
the  same  effect,  as  in  the  case  of  assessments  on  the  other  real 
estate  in  the  district,  and  shall  be  enforced  in  like  manner. 

May  Compel  Railroads  to  Construct. 

Section  297.  The  provisions  of  this  article  shall  not  affect 
the  power  of  the  council  to  require  railroad  companies  to  con- 
struct viaducts,  bridges  and  tunnels,  or  parts  of  viaducts,  bridged 
and  tunnels  and  their  approaches  over,  along  or  under  their 
tracks  at  their  own  expense,  and  the  council  is  hereby  empowered, 
by  ordinance,  to  require  railroad  companies  to  construct,  at  their 
own  expense,  such  bridges  and  tlieir  approaches,  tunnels  or  other 
conveniences  at  public  crossings,  and  such  viaducts  and  their  ap- 
proaches over  their  tracks  where  the  same  cross  or  extend  along 
public  highways  or  streets.  Whenever  the  board  of  public  works 
shall  deem  any  such  improvement  necessary,  the  board  shall  rec- 
ommend a  bill  for  an  ordinance  requiring  the  construction  of 
such  improvement,  the  character  and  location  of  such  proposed 
improvement  to  be  therein  described  with  sufficient  certainty  and 
the  estimated  cost  thereof  to  be  stated;  and  where  a  viaduct  or 
tunnel  crosses  or  passes  under  the  tracks  of  several  railroad  com- 
panies, the  board  of  public  works  shall  have  the  power  to  appor- 
tion the  cost  thereof  equitably  among  the  different  companies 
owning  the  said  tracks;  Provided,  that  no  viaduct,  bridge  or  tun- 
nel shall  be  constructed  under  this  section,  unless  the  council 
shall  have  provided  for  the  vacation  of  the  street  upon  the  com- 
pletion of  said  viaduct,  bridge  or  tunnel  throughout  that  portion 
thereof,  over,  along  or  under  which  said  public  improvement  is 
proposed  to  be  constructed,  the  fee  of  the  street  to  remain,  never- 
theless, in  the  city  and  county.  The  provisions  of  this  section 
shall  not  be  construed  to  repeal,  modify  or  affect  any  ordinance 
now  existing  or  in  force  heretofore  passed  by  the  city  council  of 
the  city  of  Denver,  requiring  railroad  companies  to  construct  a 
viaduct  or  viaducts  across  or  over  their  tracks,  and  no  such  ordi- 
nance shall  be  repealed  until  the  provisions  thereof  have  been 
fully  complied  with,  and  all  suits  and  proceedings  thereunder 
shall  be  conducted  to  final  judgment,  and  enforced  under  the  law 
and  the  ordinances  of  the  city  of  Denver  as  they  existed  prior  to 
the  adoption  of  this  charter. 

ASSESSMENT  AND   PAYMENT. 

Certificate  of  Assessment. 

Section  298.  Upon  completion  of  any  local  improvement,  or, 
in  the  case  of  sewers,  upon  completion  from  time  to  time  of  any 
part  or  parts  thereof  affording  complete  drainage  for  any  part 
or  parts  of  the  district,  and  upon  acceptance  thereof  by  the 
board,  or  whenever  the  total  cost  of  any  sucli  improvement,  or 
of  any  such  part  or  parts  of  any  sewer,  can  be  definitely  ascer- 
tained, the  board  shall  prepare  a  statement,  showing  the  whole 
cost  of  the  improvement,  or  such  parts  thereof,  including  not  to 


110 

exceed  six  per  cent,  additional  for  costs  of  collection  and  other 
incidentals,  and  including  interest  to  the  next  succeeding  date 
upon  which  general  taxes,  or  the  first  installment  thereof,  are  by 
the  laAvs  of  this  state  made  payable;  and  apportioning  the  same 
upon  each  lot  or  tract  of  land  to  be  assessed  for  the  same,  as  in 
this  article  provided;  and  shall  cause  the  same  to  be  certified  by 
the  president  and  filed  in  the  office  of  the  clerk. 

Advertisements — Complaints. 

Section  299.  The  clerk  shall  thereupon,  by  advertisement 
for  ten  days  in  some  newspaper  of  general  circulation,  published 
in  the  city  and  county,  notify  the  owners  of  the  real  estate  to  be 
assessed,  and  all  persons  interested,  generally  and  without  nam- 
ing such  owners  or  persons,  that  said  improvements  have  been 
or  are  about  to  be  completed  and  accepted,  specifying  the  whole 
cost  of  the  improvements  and  the  share  so  apportioned  to  each 
lot  or  tract  of  land  or  persons ;  and  that  any  complaints  or  ob- 
jections that  may  be  made  in  writing  by  such  owners  or  persons 
to  the  board  of  supervisors  and  filed  with  the  clerk  within  sixty 
(60)  days  from  the  first  publication  of  such  notice,  will  be  heard 
and  determined  by  the  board  of  supervisors  at  its  first  regular 
meeting  after  said  sixty  (60)  days  and  before  the  passage  of  any 
ordinance  assessing  the  cost  of  said  improvements. 

Supervisors  Hear  Complaints — Council  Assess  Cost. 

Section  300.  At  the  meeting  specified  in  said  notice,  or  any 
adjournment  thereof,  the  board  of  supervisors,  sitting  as  a 
board  of  equalization,  shall  hear  and  determine  all  such  com- 
plaints and  objections,  and  may  recommend  to  the  board  of  pub- 
lic works  any  modification  of  their  apportionments ;  the  board 
of  public  works  may  thereupon  make  such  modifications  and 
changes  as  to  them  may  seem  equitable  and  just,  or  may  confirm 
the  first  apportionment  and  shall  notify  the  council  of  their  final 
decision ;  and  the  council  shall  thereupon,  by  ordinance,  assess 
the  cost  of  said  improvements  against  all  the  real  estate  in  said 
district  and  against  such  persons,  respectively,  in  the  proportions 
above  mentioned. 

Assessment  a  Lien — Priority — Illegal  Assessment — Proceedings. 

Section  301.  All  assessments  made  in  pursuance  of  this  arti- 
cle shall  be  a  lien  in  the  several  amounts  assessed  against  each 
lot  or  tract  of  land,  from  the  publication  of  the  assessing  ordi- 
nance, and  shall  have  priority  over  all  other  liens  except  general 
taxes.  As  to  any  subdivisions  of  any  real  estate  assessed  in  pur- 
suance of  this  article,  the  assessments  shall  in  each  case  be  a  lien 
upon  all  the  subdivisions  in  proportion  to  their  respective  areas. 
No  delays,  mistakes,  errors,  defects,  or  irregularities  in  any  act  or 
proceeding  authorized  by  this  article,  shall  prejudice  or  invali- 
date any  final  assessment,  but  the  same  shall  be  remedied  by  sub- 
sequent or  amended  acts  or  proceedings  as  the  case  may  require, 
and  when  so  remedied  the  same  shall  take  effect  as  of  the  date  of 
the  original  act  or  proceeding. 


Ill 

If  in  any  court  of  competent  jurisdiction  any  final  assess- 
ment made  in  pursuance  of  this  article  is  set  aside  for  irregulari- 
ty in  the  proceedings,  then  the  council  may,  upon  recommenda- 
tion and  notice  as  required  in  the  making  of  an  original  assess- 
ment, make  a  new  assessment  in  accordance  with  the  provisions 
of  this  article. 

Local  Assessment  Roll. 

Section  302.  The  auditor  shall,  from  said  statement  and 
assessing  ordinance,  prepare  a  local  assessment  roll,  in  book  form, 
showing  in  suitable  columns  each  piece  of  real  estate  assessed, 
the  total  amount  of  the  assessment,  the  amounts  of  each  install- 
ment of  principal  and  interest,  if  in  pursuance  of  this  article  the 
same  is  payable  in  installments,  and  the  date  when  such  install- 
ment will  become  due,  with  suitable  columns  for  use  in  case  of 
payment  of  the  whole  amount,  or  of  any  installment  or  penalty, 
and  deliver  the  same  to  the  treasurer  for  collection,  and  the  same 
shall  be  certified  by  the  clerk  under  the  seal  of  the  city  and  coun- 
ty, with  his  warrant  for  the  collection  of  the  same,  and  the  audit- 
or charging  the  amount  of  the  assessment  roll  to  the  treasurer, 
and  the  treasurer  receipting  to  the  auditor  for  the  same. 

The  assessor  shall  provide  in  the  assessment  roll  of  general 
taxes  a  column  wherein  the  treasurer  may  make  memoranda  of 
special  assessments.  The  treasurer  shall  make  suitable  memo- 
randa in  such  column,  showing  any  unpaid  special  assessments 
levied  before  the  receipt  of  the  assessment  roll,  upon  the  property 
referred  to  in  such  memoranda.  On  request  for  the  amount  of 
the  taxes  against  any  property  the  treasurer  shall  include  in  his 
statement  special  assessments.  No  error,  failure,  neglect  or  de- 
fault on  the  part  of  the  assessor  or  treasurer  in  complying  with 
the  provisions  of  this  section  shall  invalidate  any  tax  or  assess- 
ment or  affect  the  lien  thereof. 

Assessments  Due  in  Thirty  Days — Option — Installments. 

Section  303.  All  assessments  made  in  pursuance  of  this  arti- 
cle shall  be  due  and  payable  within  thirty  days  of  the  publication 
of  the  assessing  ordinance,  without  demand;  Provided,  that  all 
such  assessments  may  at  the  election  of  the  owners,  be  paid  in 
installments  with  interest  as  hereinafter  provided.  Failure  to 
pay  the  whole  assessment  within  said  period  of  thirty  days  shall 
be  conclusively  considered  and  held  an  election  on  the  part  of  all 
persons  interested,  whetlier  under  disability  or  otherwise,  to  pay 
in  sucli  installments.  All  persons  so  electing  to  pay  in  install- 
ment shall  be  conclusively  considered  and  held  as  consenting  to 
said  improvements,  and  such  election  shall  be  conclusively  held 
and  considered  as  a  waiver  of  any  and  all  right  to  question  the 
power  or  jurisdiction  of  the  city  and  county  to  construct  the  im- 
jjrovements,  the  quality  of  tlie  work,  the  regularity  or  sufficiency 
of  the  proceedings,  or  the  validity  or  correctness  of  the  assess- 
ment. 


112 

Installments — Two  to  Ten  Years. 

Section  304.  In  case  of  such  election  to  pay  in  installments. 
the  assessments,  except  for  paving,  alone  or  in  combination  with 
other  imi^rovements,  and  for  viaducts  and  tunnels,  shall  be  paya- 
ble in  not  less  than  two  nor  more  than  ten  equal  annual  in- 
stallments of  principal;  the  assessments  for  paving,  alone  or  In 
combination  with  other  improvements,  shall  be  payable  in  ten 
equal  annual  installments  of  princif)al ;  and  assessments  for  via- 
ducts, tunnels,  parks  and  park-ways,  shall  be  payable  in  not  less 
than  five  nor  more  than  ten  equal  annual  installments  of  princi- 
pal, the  first  of  which  last  mentioned  installments  shall  be  pay- 
able in  not  less  than  five  and  the  last  in  not  more  than  twentv 
years ;  Avith  interest  in  all  cases  on  the  unpaid  principal,  payable 
annually  at  a  rate  not  exceeding  six  per  centum  per  annum ;  as 
the  number  of  installments,  the  period  of  payment  and  the  rate 
of  interest  may  be  determined  by  the  board,  or  in  case  of  parks 
or  park-ways,  hj  the  park  commission. 

Installments — When  Payable. 

Section  305.  Subject  to  the  foregoing  requirements,  all  in- 
stallments, both  of  principal  and  interest,  except  in  case  of  parks 
and  park-ways,  shall  be  payable  at  such  times  as  may  be  deter- 
mined in  and  by  the  assessing  ordinance,  upon  the  recommenda- 
tion of  the  board,  and  in  case  of  parks  and  park-ways,  of  the 
park  commission. 

Failure  to  Pay  Installment — Whole  Amount  Due. 

Section  306.  Failure  to  pay  any  installment,  whether  of 
principal  or  interest,  when  due,  shall  cause  the  whole  of  the 
unpaid  principal  to  become  due  and  payable  immediately,  and 
the  whole  amount  of  the  unpaid  principal  and  accrued  interest 
shall  thereafter  draw  interest  at  the  rate  of  one  per  cent,  per 
month  or  fraction  of  a  month  until  the  day  of  sale,  as  herein- 
after provided;  but  at  any  time  prior  to  the  day  of  sale  the 
owner  may  pay  the  amount  of  all  delinquent  installments,  with 
interest  at  one  per  cent,  per  mouth  or  fraction  of  a  month,  as 
aforesaid,  and  all  penalties  accrued,  and  shall  thereupon  be  re- 
stored to  the  right  thereafter  to  pay  in  installments  in  the  same 
manner  as  if  default  had  not  been  suffered.  The  owner  of  any 
piece  of  real  estate  not  in  default  as  to  any  installment  or  pay- 
ment, may  at  any  time  pay  the  whole  unpaid  principal  with  the 
interest  accrued. 

Payments  Within  Thirty  Days — Allowance. 

Section  307.  Payments  may  be  made  to  the  treasurer  at  any 
time  within  thirty  days  of  the  publication  of  the  assessing  ordi- 
nance, and  an  allowance  of  the  per  centum  added  for  cost  of  col- 
lection and  other  incidentals,  and  of  the  interest  from  the  date 
of  j)ayment  to  the  time  the  first  installment  comes  due,  shall  be 
made  on  all  payments  made  during  said  period  of  thirty  days. 


113 

Non-Payment — Sale  of  Property. 

Section  308.  The  treasurer  shall  receive  payment  of  all  as- 
sessmients  against  any  real  estate  appearing  upon  said  last  men- 
tioned roll,  with  interest,  and  in  case  of  default  in  the  payment 
of  any  installment  of  principal  or  interest,  when  due,  shall  ad- 
vertise and  sell  any  and  all  real  estate  concerning  which  such 
default  is  suffered,  for  the  payment  of  the  whole  of  the  unpaid 
assessments  thereon ;  and  said  sales  and  advertisements  shall  be 
made  at  the  same  time  or  times,  in  the  same  manner,  under  all  the 
same  conditions  and  penalties,  and  with  the  same  effect  as  are 
provided  by  general  law  for  the  sales  of  real  estate  in  default  of 
payment  of  general  taxes. 

Treasurer  Purchase  at  Such  Sales. 

Section  309.  At  any  sale  by  the  treasurer  of  any  real  estate 
in  the  city  and  county,  for  the  purpose  of  paying  any  special  as- 
sessments for  local  improvements,  the  treasurer  having  written 
authority  from  the  mayor,  may  purchase  any  such  real  estate 
without  paying  for  the  same  in  cash,  and  shall  receive  certificates 
of  purchase  in  the  name  of  the  city  and  county,  such  certificates 
shall  be  received  and  credited  at  their  face  value,  with  all  in- 
tei*est  and  penalties  accrued,  to  the  treasurer  on  account  of  the 
assessments  in  pursuance  of  which  the  sale  was  made.  Said 
certificates  may  thereafter'  be  sold  by  the  treasurer  at  their  face 
value,  with  all  interest  and  penalties  accrued,  and  by  him  as- 
signed in  the  name  of  the  city  and  county,  and  the  proceeds 
credited  to  the  fund  created  by  ordinance  for  the  payment  of 
such  assessments  respectively,  such  assessments  shall  be  made 
without  recourse  upon  the  city  and  count}^  in  any  event,  and  the 
sale,  and  the  assignment,  shall  operate  as  a  lien  in  favor  of  the 
city  and  county  and  of  the  holders  of  such  certificates,  as  is  pro- 
vided by  law  in  the  case  of  sales  of  real  estate  for  default  in 
payment  of  general  taxes. 

Part  Ovi^ner  Pay  Part  Assessment. 

Section  310.  The  owner  of  any  divided  or  undivided  inter- 
est may  pay  his  share  of  any  assessment. 

Treasurer  Reports  to  Auditor. 

Section  311.  All  collections  made  by  the  treasurer  upon 
any  such  assessment  roll,  in  any  calendar  month,  shall  be  ac- 
counted for  to  the  auditor  on  or  before  the  tenth  day  of  the 
next  succeeding  calendar  month,  with  separate  statements  of  all 
such  collections  for  each  improvement. 

BONDS. 

Public  Improvement  Bonds. 

Sectiim  oi2.  All  local  improvements  shall  be  paid  for  in 
public  improvement  bonds  of  the  city  and  county,  of  such  date 
and  in  such  form,  as  may  be  prescribed  by  the  board,  the  same 
bearing  the  name  of  the  district  improved,  and  payable  to  bearer 


114 

in  a  sufficient  period  of  years  to  cover  the  period  of  payments 
herein  provided  for,  but  subject  to  call  as  hereinafter  provided,  in 
convenient  denominations  of  not  more  than  one  thousand  dollars 
each.  All  such  bonds  shall  be  issued  by  the  treasurer  upon  esti- 
mates and  orders  of  the  board,  approved  by  the  mayor,  without 
being  audited  by  the  auditor  or  auditing  committee  or  allowed 
by  the  council;  and  the  treasurer  shall  preserve  a  record  of  the 
same  in  a  suitable  book  kept  for  that  purpose;  said  bonds  shall 
be  subscribed  by  the  mayor,  attested  by  the  clerk  and  seal  of 
the  city  and  county,  and  registered  by  the  auditor,  with  the 
approval  of  the  president  of  the  board  endorsed  thereon ;  the 
same  to  be  payable  only  out  of  the  moneys  collected  on  account 
of  the  assessments  made  for  said  improvements,  respectively ; 
and  all  monejs  collected  on  account  of  the  assessments  for  any 
improvement  shall  be  applied  to  the  payment  of  the  bonds  issued 
for  the  same  improvement  only,  until  the  payment  of  all  the 
said  bonds;  Provided,  that  sufficient  of  said  bonds  may  be  used 
by  the  board,  with  the  approval  of  the  mayor,  at  par,  to  pay  for 
the  engineering  and  other  clerical  service,  advertising,  cost  of  in- 
spection, and  accrued  interest  on  outstanding  bonds,  and  in  case 
of  viaducts  and  tunnels  in  also  paying  for  any  necessary  lands 
taken  or  damaged  and  rights  of  way;  or,  with  the  approval  of 
the  mayor,  the  board  may,  upon  advertisement  for  not  less  than 
ten  days  in  some  newspaper  of  general  circulation,  published  in 
the  city  and  county,  sell  sufficient  of  said  bonds,  at  not  less  than 
par,  to  pay  the  expenses  and  interest  mentioned  in  this  proviso 
in  cash. 

Interest  —  Not  Over  Six  Per  Cent  —  Where  Payable  —  Council 
Guarantee. 

Section  313.  All  such  bonds  shall  bear  interest  at  the  rate 
of  not  more  than  six  per  cent,  per  annum,  as  ordered  by  the 
board  and  council,  payable  semi-annually,  the  interest  to  be 
evidenced  by  coupons,  attested  by  a  facsimile  of  the  signature 
of  the  auditor. 

All  such  bonds,  principal  and  interest,  shall  be  payable  at 
the  city  and  county  of  Denver,  but  if  the  board  so  orders,  they 
maj'  also  be  payable  at  some  national  bank  or  trust  company  in 
the  city  of  New  York,  in  the  state  of  New  York,  to  be  designated 
by  the  board,  and  in  all  cases  the  bonds  and  coupons  shall  recite 
the  place  or  places  of  payment,  and  when  payable  also  in  the 
city  of  New  York,  the  treasurer  is  hereby  authorized  to  remit 
the  funds  necessary  for  their  payment,  with  exchange,  to  the  in- 
stitution so  designated,  always  assuring  himself  that  such  insti- 
tution is  then  perfectly  solvent. 

The  council  may  by  ordinance,  upon  the  recommendation  of 
the  board,  by  a  vote  of  two-thirds  of  the  members  of  each  body 
of  the  council,  on  behalf  of  the  city  and  county,  guarantee  the 
payment  of  any  bonds  issued  under  the  provisions  of  this  article. 


115 

Redemption  and  Purchase  of  Bonds. 

Section  314.  Whenever  considered  prudent  by  the  treasurer 
he  may,  and  whenever  funds  may  be  in  his  hands  to  the  credit 
of  any  improvement  or  park  district,  exceeding  six  months^  in- 
treest  on  the  unpaid  principal,  he  shall  by  advertisement  for  five 
days  in  some  such  newspaper,  call  in  a  suitable  number  of  the 
bonds  of  such  district  for  payment;  and  at  the  expiration  of 
thirt}'  days  from  the  first  publication  of  said  notice,  interest  on 
the  Ibonds  so  called  shall  cease.  The  notice  shall  specify  the 
bonds  so  called  by  number;  and  all  bonds  shall  be  paid  in  their 
numerical  order.  The  holder  of  any  bonds  may  at  any  time 
furnish  his  postofQce  address  to  the  treasurer  and  in  such  case  a 
copy  of  siaid  advertisement  shall  be  mailed  by  the  treasurer  to 
the  holder  of  the  bonds  called,  at  said  address,  on  the  first  day 
of  said  publication. 

CONTRACTS. 

Contracts — How^  Let — Bonds,  Etc. 

Section  315.  All  contracts  for  local  improvements,  and  all 
other  contracts  involving  expenditures  under  the  direction  of  the 
board,  shall  be  let  by  the  mayor,  upon  recommendation  of  the 
board,  without  any  action  of  the  council,  except  in  the  passage 
of  the  original  ordinance  authorizing  the  improvement  or  con- 
tracts. All  such  contracts  shall  be  let  to  the  lowest  I'eliable  and 
responsible  bidder,  after  public  advertisement  by  the  board  for 
not  less  than  ten  da^s  in  some  newspaper  of  general  circulation, 
published  in  the  city  and  county.  Any  other  mode  of  letting  such 
contracts  shall  be  illegal  and  void  and  no  such  contract  shall 
ba  made  without  a  bond  for  its  faithful  performance,  with  suffi- 
cient surety-  or  sureties  to  be  approved  by  the  board  and  no  other 
suret}'  than  a  surety  company,  approved  by  the  board  and  mayor, 
shall  be  accepted.  Uj)on  default  in  the  performance  ofany 
contract,  the  board  may  advertise  and  let  a  contract  for  the  un- 
completed work  in  like  manner,  without  fuither  ordinance,  and 
charge  the  cost  thereof  to  the  original  contractor  upon  his  con- 
tract; and  when  a  deficiency  shall  in  such  case  occur,  the  board 
may,  with  the  approval  of  the  mayor,  advance  the  amount  thereof 
out  of  any  available  fund  of  the  city  and  count}',  and  recover 
the  same  by  suit  on  the  original  contract  and  bond.  In  all  ad- 
vertisements the  board  shall  reserve  the  right  to  reject  all  bids 
and  upon  rejecting  all  bids,  may  again  advertise  without  further 
ordinance. 

Contract — Terms  and  Conditions. 

Section  31G.  Every  contract  shall  contain  a  clause  to  the 
effect  that  it  is  subject  to  the  provisions  of  this  charter  and  of 
the  ordinance  authorizing  the  improvement;  and  shall  re(iuire 
that  eight  hours  shall  constitute  a  day's  labor  for  any  work  done 
under  such  contract;  that  the  aggregate  payments  thereon  shall 
not  exceed  the  aggregate  estimate  of  the  engineer  or  the  amounts 


116 

ap])r()priated;  that,  upon  ten  days'  notice  the  work  under  such 
contract  may,  without  cost  or  claim  against  the  city,  be  sus- 
pended by  the  mayor  and  board  for  substantial  cause;  and  that 
upon  complaint  of  the  owner  of  any  of  the  real  estate  to  be 
assessed  for  the  improvements,  that  the  improvement  is  not  being 
constructed  in  accordance  with  the  contract,  the  board,  shall 
consider  the  complaint  and  thereupon  make  such  order  in  the 
premises  as  may  be  just,  and  the  decision  of  the  board  shall  be 
final. 

GAS   AND   WATER   CONNECTIONS. 

Board  May  Order  Connection. 

Section  317.  Before  paving  in  any  district  in  pursuance  of 
this  article,  the  board  may  order  the  owners  of  the  abutting  real 
estate  to  connect  their  several  premises  with  the  gas  and  water 
mains  or  with  any  other  conduits  in  the  street,  in  front  of  their 
several  premises;  and  notice  of  such  order  shall  be  given  and  the 
order  shall  be  enforced  as  provided  in  section  280  hereof  in  the 
case  of  sidewalks ;  and  the  council  may  by  ordinance  provide  any 
further  means  for  compelling  the  owners  of  such  property  to 
do  the  work  in  this  section  mentioned  and  referred  to. 

TREES. 

Establishment  of  Rules  for  Care  of. 

Section  318.  The  board  may  establish  rules  for  the  planting 
and  care  of  treesi  upon  all  streets,  avenues  and  boulevards,  in- 
cluding the  trimming  of  such  trees  and  the  removal  of  unsightly 
and  dead  trees,  and  to  prevent  the  mutilation  of  ti^ees,  and  the 
council  shall  by  ordinance  provide  reasonable  penalties  for  the 
violation  of  such  rules. 

SUBURBAN   IMPROVEMENT  DISTRICTS. 

Boundaries  of — How  Established. 

Section  319.  In  all  that  part  of  the  city  and  county  included 
within  the  limits  of  the  former  municipalities  annexed  to  the 
city  of  Denver,  or , consolidated  with  the  city  and  county,  ex- 
cept that  part  of  South  Denver  lying  north  of  Mississippi  street, 
and  in  all  that  part  of  the  city  and  county  lying  east  of  Monroe 
street  and  of  the  same  extended  north  and  south  to  the  boundary 
line  of  the  city  and  county,  improvement  districts,  to  be  known 
as  suburban  improvement  districts,  may  be  established  by  the 
board  for  the  opening,  widening,  grading,  curbing,  guttering, 
surfacing,  paving  or  otherwise  improving  of  any  street,  road 
or  alley,  or  streets,  roads  or  alleys,  or  for  any  combination  of 
said  improvements,  and  all  provisions  of  this  article  relating 
to  such  improvements  shall  apply  thereto,  except  only  in  the 
following  particulars,  namely : 

First:  Such  improvement  district  may  include  all  the  real 
estate  specially  benefited  by  the  proposed  improvements  and  need 


117 

not  be  confined  to  the  real  estate  abutting  on  the  streets  or  al- 
leys opened,  widened  or  improved,  and  the  cost  of  such  improve- 
ments shall  be  apportioned  and  assessed  upon  all  the  real  estate 
within  such  district,  except  streets,  alleys  and  other  public 
places,  according  to  the  special  benefits  to  each  piece  of  real 
estate  in  the  district,  and  need  not  be  apportioned  in  proportion 
of  the  area  of  the  lot  or  piece  of  real  estate  to  be  assessed  to 
the  area  of  the  entire  district,  nor  according  to  frontage. 

Second:  Whenever  the  owners  of  ten  per  centum  of  the 
area  of  the  real  estate  within  a  proposed  district  shall  in  writing 
petition  the  board  for  the  creation  of  such  district,  stating  the 
kind  of  improvement  desired  and  the  maximum  cost  thereof,  ac- 
companied by  a  map  of  the  proposed  district  suggesting  the  ap- 
portionment of  the  cost,  and  accompanied  by  a  good  and  suffi- 
cient certified  check,  payable  to  the  treasurer,  to  cover  all  the 
estimated  expenses  in  and  about  the  premises,  including  adver- 
tising, to  the  time  of  the  passage  of  the  ordinance  authorizing 
the  improvements  to  be  made,  the  board  shall  prescribe  such  dis- 
trict, and,  if  a  sufficient  remonstrance,  signed  by  the  owners 
of  real  estate  against  which  the  aggregate  approximate  assess- 
ment exceeds  thirty-five  per  centum  of  the  total  approximate  as- 
sessment, is  not  duly  filed,  order  such  improvements  substantially 
as  petitioned  for,  and  recommend  to  the  council  the  ordinance 
therefor;  Provided,  the  board  approves  such  proposed  improve- 
ments, finds  the  stated  maximum  cost  sufficient,  and  finds  the 
special  benefits  substantially  as  suggested. 

Third :  The  petition  may  be  modified  at  any  time  before 
the  publication  of  the  notice  required  to  be  published  by  the 
second  proviso  of  section  272  hereof,  at  the  request  of  the  signers 
or  their  duly  authorized  representatives,  but  if  additional  ex- 
pense is  incurred  therebj',  such  additional  expense  must  be  de- 
posited as  aforesaid.  The  maximum  cost  stated  in  the  petition 
shall  not  be  exceeded,  and  the  apportionment  thereof  shall  be 
substantially  as  indicated  on  said  map.  Upon  the  passage  of 
said  ordinance  the  amount  or  amounts  deposited  as  aforesaid 
shall  be  returned ;  but  if  the  proceedings  shall  fail,  the  board 
shall  pay  out  of  said  deposits  all  of  said  expenses,  including  ad- 
vertising, and  only  the  balance  shall  be  returned  to  the  deposit- 
ors; Provided,  that  nothing  in  this  section  contained  shall  pre- 
vent the  board  from  also  pi-escribing  districts  and  making  any 
of  the  improvements  in  this  and  in  the  preceding  sections  of  this 
article  mentioned,  within  the  territory  mentioned  in  this  section, 
according  to  and  as  in  the  preceding  sections  of  this  article 
provided ;  and  that  the  board  may  also  proceed  under  this  section 
without  petition.  No  provision  of  this  charter  limiting  the 
amount  of  any  special  assessment  or  limiting  the  size  of  any 
district  sihall   apply  to  improvements  under  this  section. 


118 

CHERRY   CREEK   IMPROVEMENT. 

Walls  and  Embankments — Improvement  Districts  for. 

Section  320.  The  council  may  authorize  the  construction  of 
walls  or  embankments,  and  roads  or  driveways  along  such  walls 
or  embankments,  along  Cherry  creek  or  any  part  or  parts  thereof, 
and  after  hearings  to  assess  the  whole  or  any  part  of  the  entire 
cost,  except  the  cost  in  the  intersections  of  streets  and  alleys, 
upon  all  the  real  estate,  railway  rights  of  way  and  all  property 
benefited  thereby,  within  a  district  or  districts  of  lands,  to  be 
specified  by  ordinance,  upon  the  recommendation  of  the  board, 
and  in  proportion  to  the  benefits  accruing  to  said  lands,  rights 
of  way  and  property,  in  consequence  of  said  improvement.  The 
whole  cost  in  the  intersections  of  streets  and  alleys  shall  be  paid 
by  the  city  and  county. 

All  proceedings  shall  be  as  required  in  the  first,  second  and 
sixth  provisos  of  section  272  hereof,  and  all  the  provisions  of  this 
article  with  regard  to  the  authorizing  and  constructing  of  via- 
ducts and  tunnels,  the  distribution  of  costs  between  the  city  and 
county,  and  the  real  estate,  rights  of  way  and  railway  compa- 
nies, the  acquiring  of  rights  of  way,  issuance  of  bonds,  the  neces- 
sary assessments,  and  collection  and  payment  of  the  cost  of  such 
improvements,  shall  apply  as  far  as  the  same  are  applicable,  and 
payment  shall  be  made  in  not  less  than  ten  nor  more  than  fifteen 
equal  annual  installments,  as  may  be  determined  by  the  board, 
and  enforced  by  the  sale  of  the  property  benefited  as  in  the  case 
of  other  local  improvements. 

The  city  and  county,  upon  the  recommendation  of  the  board, 
may  pay  any  part  of  the  cost  of  the  improvements  and  the  bal- 
ance only  shall  be  assessed  upon  said  real  estate;  Provided,  that 
if  the  balance  so  to  be  assessed  upon  the  real  estate,  shall  exceed 
one-half  the  total  cost  of  such  improvements,  the  making  of  such 
improvements  shall  be  subject  to  remonstrance  as  in  the  case  of 
viaducts  and  tunnels. 

PLATTE    RIVER. 

Walls,  Etc. — Cost  of  Construction — How  Assessed. 

Section  321.  The  council  may  authorize  the  construction  of 
walls,  embankments  and  roads  or  driveways  along  such  walls  or 
embankments  along  the  Platte  river  or  any  part  or  parts  thereof, 
and  either  pay  for  the  whole  or  any  part  of  the  cost  thereof,  or 
provide  for  the  payment  of  the  whole  or  any  part  thereof  by  spe- 
cial assessment;  Provided,  that  whenever  any  part  of  the  cost 
thereof  shall  be  provided  by  special  assessment,  the  making  of 
such  improvements  shall  be  subject  to  remonstrance,  as  in  the 
case  of  viaducts  and  tunnels. 

EMINENT   DOMAIN. 

How  Asserted. 

Section  322.  Whenever  the  council  shall  by  ordinance  estab- 
lish, open,  widen  or  alter  any  street,  alley,  or  other  highway,  or 


119 

select  and  designate  any  site  for  any  market,  auditorium  or  other 
building  for  the  use  of  the  city  and  county,  then  the  city  and 
county  may  exercise  the  power  of  eminent  domain,  and  condemn 
the  property  necessary  for  said  purposes. 

The  manner  of  proceeding,  the  ascertainment  of  the  compen: 
sation  to  be  paid,  the  assessment  of  benefits  or  damages,  the  col- 
lection of  such  benefits  and  payment  of  such  damages  shall  be  as 
provided  by  general  law ;  and  the  same  power  may  be  exercised, 
and  the  same  procedure  shall  be  pursued  in  condemning  any 
lands  or  rights  of  way  for  any  ditch.  It  shall  not  be  a  bar  to 
any  such  proceeding  that  the  lands  or  rights  of  way  to  be  taken 
have  once  been  taken  for  public  use. 

PARKS. 

Four  Districts — Boundaries. 

Section  323.  The  city  and  county  is  hereby  divided  into  four 
park  districts,  consisting  respectively  of  the  following  territory : 

The  Montclair  park  district,  all  that  part  of  the  city  and 
county  lying  east  of  McKinley  avenue,  formerly  Colorado  boule- 
vard. 

The  South  Denver  park  district,  all  that  part  of  the  city  and 
county  lying  south  and  west  of  Cherry  creek  and  easterly  from 
the  Platte  river. 

The  Highland  park  district,  all  that  part  of  the  city  and 
county  lying  north  and  west  of  a  line  beginning  on  the  southerly 
boundary  line  of  the  city  and  county  at  its  intersection  with  tlie 
Platte  river,  following  the  course  of  the  Platte  river  in 
a  northerly  direction  to  the  intersection  with  Cherry 
creek,  thence  southeasterly  along  Cherry  creek  to  its  in- 
tersection with  Larimer  street,  thence  along  Larimer  street  to  its 
intersection  with  Downing  avenue,  thence  along  Downing  avenue 
to  Thirty-eighth  street,  along  Thirty-eighth  street  to  the  Platte 
river,  following  the  course  of  the  Platte  river  to  its  intersection 
with  the  northerly  boundary  line  of  the  city  and  county. 

The  East  Denver  park  district,  all  the  remaining  territory 
of  the  city  and  county. 

Establishment  of  Parks, 

Section  324.  In  addition  to  the  powers  herein  conferred  to 
acquire  lands  for  parks  and  park -ways  by  the  sale  of  the  general 
bonds  of  the  city  and  county,  it  shall  be  lawful  for  the  park  com- 
mission, with  the  approval  of  the  mayor,  to  acquire  j)arks  and 
park-ways  in  each  of  the  said  park  districts  in  the  mannei-  fol- 
lowing, the  same  to  be  paid  for  by  sy)ecial  assessments  upon  all 
the  other  real  estate,  except  parks,  park-ways  and  streets,  in  such 
districts,  respectively,  or  partly  out  of  the  proceeds  of  the  sale  of 
the  general  bonds  of  the  city  and  county,  and  partly  by  such  as- 
sessments, as  the  same  may  be  determined  bj^  the  ma3'or  and  park 
commission. 


120 

Condemnation  of  Land  for  Parks. 

Section  325.  For  the  purpose  of  acquiring  lands  for  parks 
and  park-ways  it  shall  be  lawful  for  the  park  commission  and 
said  commission  is  hereby  authorized  and  empowered,  by  and 
with  the  approval  of  the  mayor,  to  select  and  by  a  suitable  pro- 
ceedins:  in  the  name  of  the  city  and  county  for  the  use  of  any  such 
park  district,  without  the  passage  of  any  ordinance,  to  condemn 
real  estate  or,  with  the  approval  of  the  mayor,  to  purchase  any 
real  estate  so  selected  for  one  or  more  parks  or  park-ways  In 
each  of  the  said  districts  and  to  select  routes  and  streets  for  the 
purpose  of  establishing  and  maintaining  a  system  of  connecting 
boulevards  and  pleasure-ways  or  park-ways  therein.  All  such 
condemnation  proceedings  shall  be  in  accordance  with  the  gen- 
eral laws  of  the  state,  so  far  as  the  same  are  applicable,  but  the 
benefit  to  other  lands  shall  be  ascertained  and  assessed  as  re- 
quired in  this  article. 

Cost — How  Apportioned  and  Paid. 

Section  326.  The  parks  and  park-ways  so  established  in  any 
such  park  district,  or  such  part  thereof  as  may  be  determined  by 
the  mayor  and  park  commission,  shall  be  paid  for  in  park  bonds 
of  the  city  and  county,  of  date  and  form  prescribed  by  the  park 
commission,  bearing  the  name  of  the  district,  and  payable  to 
bearer  at  such  times  and  in  a  sufficient  period  of  years  to  cover 
the  period  of  payments  herein  provided  for,  with  interest  annual- 
ly at  such  rate,  not  exceeding  six  per  cent,  per  annum,  as  may  be 
determined  by  the  commission.  The  bonds  shall  be  signed  by  the 
mayor,  countersigned  by  the  auditor  and  attested  by  the  clerk 
and  seal  of  the  city  and  county,  with  the  approval  of  the  presi- 
dent of  the  park  commission  endorsed  thereon,  the  interest  to  be 
evidenced  by  suitable  coupons  attested  by  a  fac  simile  of  the  sig- 
nature of  the  auditor. 

Sale  of  Bonds. 

Section  327.  Or,  whenever  the  cost  of  any  such  park  site  or 
park-way  can  be  definitely  ascertained,  said  bonds  or  any  part  or 
parts  thereof  may  be  issued  and  sold  by  the  park  commission, 
with  the  approval  of  the  mayor,  at  not  less  than  par,  upon  public 
advertisement  for  not  less  than  ten  days  in  some  newspaper  of 
general  circulation  published  in  the  city  and  county  of  Denver, 
and  such  other  newspapers  as  may  be  designated  by  the  mayor 
and  park  commission ;  and  the  proceeds  may  be  used  exclusively 
by  the  park  commission  with  the  approval  of  the  mayor,  in  the 
purchase  or  condemnation  of  park  sites  and  parkways,  and  in 
any  case  sufficient  of  said  bonds  may  be  issued  and  sold  in  like 
manner  to  pay  the  costs  of  surveying,  evidencing  and  acquiring 
necessary  titles,  the  necessary  costs  of  court,  the  preparation  of 
the  assessment  rolls  and  other  incidentals.  The  bonds  so  issued 
shall  be  paid  by  special  assessment  upon  all  the  other  real  estate 
in  the  district  in  the  proportions  and  amounts  determined  by  the 
commission  and  assessed  by  ordinance,  and  shall  be  paid  onlv 


121 

out  of  the  moneys  collected  from  said  assessments;  and  all  the 
moneys  so  collected  shall  be  set  apart  and  shall  constitute  a  fund 
for  the  payment  of  said  bonds  and  interest  thereon  until  pay- 
ment of  said  bonds  and  interest  in  full ;  Provided,  that  before  ac- 
quiring any  real  estate  or  issuing  any  bonds  for  the  purposes 
aforesaid  the  commission  shall  prepare  a  map  of  the  district  and 
apportion  the  cost  of  the  improvement  on  all  the  other  real  estate 
in  the  district  in  proportion  to  the  benefits  to  each  piece  of  real 
estate  accruing  in  consequence  of  the  establishment  of  such 
parks  or  park-ways  in  said  district,  and  in  accordance  with  such 
rules  for  apportioning  the  benefits  as  to  the  commission  may  seem 
just  and  reasonable;  and  shall  by  advertisement  for  ten  days  in 
some  newspaper  of  general  circulation  published  in  the  city  and 
county,  give  notice  to  the  owners  of  the  real  estate  to  be  assessed 
of  the  proposed  purchase  or  condemnation,  with  a  description  of 
the  lands  to  be  acquired,  the  estimated  cost,  the  number  of  in- 
stallments and  time  in  which  the  assesments  will  be  payable,  the 
rate  of  interest  on  unpaid  installments,  the  rules  adopted  by  the 
commission  for  apportioning  the  benefits,  as  aforesaid,  and  the 
time,  not  less  than  ninety  days  after  the  first  publication,  when 
the  question  of  the  proposed  purchase  or  condemnation  will  be 
considered  by  the  commission ;  that  said  map  and  all  proceedings 
of  the  commission  are  on  file  and  can  be  seen  and  examined  by 
any  person  interested  during  business  hours,  within  said  period 
of  ninety  days,  at  the  ofiice  of  the  secretary  of  said  commission, 
and  that  all  complaints  and  objections  that  may  be  made  in  writ- 
ing by  owners  of  any  real  estate  to  be  assessed  will  be  heard  and 
determined  by  the  commission  before  final  action  of  the  commis- 
sion in  the  premises. 

The  commission  shall,  at  the  time  specified  or  thereafter,  con- 
sider all  such  complaints  and  objections,  and  may  modify  or  con- 
firm their  apportionments,  and  shall  finally  determine  whether 
said  lands  shall  be  acquired  for  said  purposes ;  but  if,  within  the 
time  above  specified  a  remonstrance  shall  be  filed  with  the"  secre- 
tary of  said  commission,  subscribed  by  the  owners  of  twenty-five 
per  cent,  in  area  of  the  real  estate  which  is  to  be  assessed,  then 
the  proposed  purchase  or  condemnation  shall  not  be  made,  and 
the  proceedings  shall  not  be  renewed  for  one  year  thereafter ;  and 
the  finding  of  the  council  by  ordinance  tliat  such  notice  was  duly 
given,  or  that  such  remonstrance  was  or  was  not  filed,  or  was  or 
was  not  subscribed  by  the  required  number  of  owners  aforesaid, 
shall  be  conclusive  in  every  court  or  other  tribunal. 

Assessment  of  Cost. 

Section  328.  When  the  cost  of  any  such  park  site  or  park- 
way is  definitely  determined,  the  park  commission  shall  prepare, 
certify  and  file  with  the  clerk,  a  statement  showing  the  cost  there- 
of as  required  in  section  298  hereof;  the  clerk  shall  tliereupon 
give  the  notice  required  by  section  299  liereof ;  and  thereupon  the 
same  proceedings  required  in  section  300  hereof  shall  be  had,  ex- 


122 

cept  that  the  proceedings  therein  provided  to  be  observed  by  the 
board  shall  be  observed  by  the  park  commission ;  and  the  council 
shall  thereupon  by  ordinance  assess  the  cost  against  the  other 
real  estate  as  aforesaid,  in  the  district,  in  accordance  with  said 
apportionments. 

Moneys — Where  Expended. 

Section  329.  No  moneys  received  from  any  source  for  any 
park  district,  shall  be  expended  in  or  for  any  other  park  district. 

MISCELLANEOUS. 

Terms  and  Definitions. 

Section  330.  In  all  proceedings  authorized  or  required  by 
this  article,  figures  may  be  used  instead  of  words,  and  it  shall 
not  be  necessary  in  improvement  districts  to  designate  each  piece 
of  real  estate  in  the  district  separately,  but  general  descriptions 
and  quantities  may  be  used  except  in  the  assessment  rolls,  and 
the  cost  may  be  stated  as  being  a  probable  amount  per  front  foot, 
or  per  square  foot,  or  per  lot  of  a  given  size,  and  proportionate 
amounts  for  other  lots,  or,  when  a  different  rule  of  assessment  is 
provided,  then  as  being  subject  to  such  rule. 

Saving  Clause  for  Local  Improvements. 

Section  331.  All  petitions  for  and  all  remonstrances  against 
paving  heretofore  filed  with  the  board,  and  all  other  proceedings 
for  the  making  of  local  improvements,  in  which  other  proceed- 
ings publication  has  been  commenced  of  the  notice  to  property 
owners  required  by  the  second  proviso  of  section  3  of  article  VII 
of  the  previous  charter  of  the  city  of  Denver,  or  of  the  city  and 
county  of  Denver,  are  hereby  preserved;  and  the  same  shall  here- 
after be  continued,  notices  given,  ordinances  passed,  contracts  let 
and  completed,  and  the  cost  assessed  or  reassessed  and  collected 
in  accordance  with  the  provisions  of  such  previous  charter.  In 
all  such  proceedings  and  contracts  the  acts  and  duties  required 
heretofore  to  be  done  by  the  mayor,  city  clerk,  city  auditor,  city 
treasurer,  city  council,  board  of  public  works,  and  engineer  of 
the  board,  or  any  officer  of  the  city  of  Denver,  or  of  the  city  and 
county  of  Denver,  by  the  said  charter  or  by  the  constitution  or  by 
general  law,  shall  be  performed  by  their  respective  successors,  the 
mayor,  clerk,  auditor,  treasurer,  council,  board  of  public  works, 
engineer,  or  any  other  officer  or  department  of  the  city  and  coun- 
ty who  are  authorized  by  this  charter  to  perform  their  respective 
or  like  duties. 

Limitation  of  Actions — Ninety  Days. 

Section  332.  No  action  or  proceeding,  at  law  or  in  equity,  to 
review  any  acts  or  proceedings,  or  to  question  the  validity  or  en- 
join the  performance  of  any  act,  or  the  issue  or  collection  of  any 
bonds,  or  the  levy  or  collection  of  any  assessments,  authorized  by 
this  article,  or  for  any  other  relief  against  any  acts  or  proceed- 
ings done  or  had  under  this  article,  or  under  the  previous  charter 


123 

of  the  city  of  Denver,  or  of  the  city  and  county  of  Denver,  with 
reference  thereto,  whether  based  upon  irregularities  or  jurisdic- 
tional defects,  shall  be  maintained,  unless  commenced  within 
ninety  days  after  the  performance  of  the  act  or  the  passage  of  the 
resolution  or  ordinance  complained  of,  or  else  be  thereafter  per- 
petually barred;  Provided,  that  as  to  any  such  cause  of  action 
now  existing  and  not  heretofore  barred,  such  action  may  be  com- 
menced within  ninety  days  after  the  adoption  of  this  charter.  All 
the  acts  and  proceedings  of  the  board  of  public  works  of  the  city 
of  Denver,  and  of  the  city  and  county  of  Denver,  in  relation  to 
public  improvements,  authorized  by  the  charter  of  the  city  of 
Denver  and  of  the  city  and  county  of  Denver  or  other  law,  are 
hereby  ratified  and  confirmed.  Nothing  herein  contained  shall 
affect  pending  litigation  concerning  the  Fourteenth  street  via- 
duct. 

ARTICLE  XII. 

CHANGING  CHANNEL  OF  CHERRY  CREEK. 

Council  Power  to  Chang-e  Channel. 

Section  333.  The  council  shall  have  power  and  authority, 
upon  the  recommendation  of  the  board  of  public  works,  by  ordi- 
nance to  provide  for  changing  and  turning  the  channel  and  bed 
of  Cherry  creek  by  any  suitable  means,  and  by  the  excavation 
and  maintenance  of  a  new  channel,  canal  or  ditch  upon  such  line 
within  or  without  the  territorial  limits  of  the  city  and  county,  as 
said  board  and  the  council  shall  deem  advisable,  so  as  to  direct 
the  flow  of  water  from  the  old  channel  of  said  creek,  or  from 
such  part  thereof  as  may  be  designated  in  such  ordinance. 

Preliminary  Proceedings. 

Section  334.  The  board  shall  first  cause  surveys  of  the  pro- 
posed changes  and  improvements  to  be  made,  and  estimates  of 
the  cost  thereof  by  each  route  or  line  surveyed,  and  shall  report 
the  same  to  the  council,  with  such  recommendations  as  to  said 
board  may  seem  advisable. 

Council  Order  Such  Improvements. 

Section  335.  Whenever  provision  has  been  made  for  the 
payment  of  the  cost  of  said  improvements,  the  board  may,  in  the 
name  of  the  city  and  county,  by  purchase  or  condemnation,  ac- 
quire the  necessary  lands  and  easements  for  such  new  channel, 
ditch,  canal,  and  for  any  dam,  breakwater  or  levee,  or  other 
structures  incidental  thereto. 

Board  Make  Such  Improvements. 

Section  336.  Upon  the  passage  of  such  ordinance  and  pro- 
vision for  such  payment,  the  board  shall  have  the  exclusive  power 
to  make  said  changes  and  improvements,  and,  with  the  approval 
of  the  mayor,  to  expend  any  and  all  moneys  provided  for  the  pay- 
ment therefor,  and  the  contract  shall  be  awarded  by  the  mayor, 
with  the  approval  of  said  board,  without  any  action  by  the  coun- 


124 

cil,  except  in  the  passage  of  the  ordinance  authorizing  said    im 
provemcnts. 

Both  Channels  Property  of  City. 

Section  337.  Said  new  channel  and  property  when  acquired 
and  completed  shall  become  the  property  of  the  city  and  county, 
and  of  the  public,  as  fully  and  completely  as  though  said  new 
channel  and  the  waters  flowing  and  to  flow  therein  were  the  origi- 
nal and  natural  stream  of  said  creek;  Provided,  that  the  old 
channel  of  said  creek  from  below  the  point  of  its  passage  to  such 
new  channel  shall,  nevertheless,  be  and  remain  the  property  of 
the  city  and  county,  and  public  property  to  the  same  extent  that 
the  same  has  heretofore  been  the  property  of  the  city  and  public 
property. 

ARTICLE  XIII. 

RIGHTS    AND    LIABILITIES. 

Ordinances — How  Proved — Certified  Copies — Books  or  Pamphlets. 
Section  838.  All  ordinances  may  be  proved  by  a  copy  there- 
of certified  by  the  clerk,  under  the  seal  of  the  city  and  county ;  or 
when  printed  in  book  or  pamphlet  form,  and  purporting  to  be 
published  by  authority  of  the  city  and  county,  the  same  shall  be 
received  in  evidence  in  all  courts  or  other  places,  without  further 
proof. 

Bond  of  City  Not  Require  Sureties. 

Section  339.  When  in  any  action  or  proceeding  in  any  court 
of  the  city  and  county,  its  officers  may  be  required  to  give  any 
bond  or  undertaking,  in  their  official  capacity  or  on  behalf  of  the 
said  city  and  county,  such  bond  shall  be  accepted  without  sure- 
ties if  subscribed  by  the  mayor  or  other  officers,  with  the  seal  of 
the  city  and  county,  and  attested  by  the  clerk. 

General  Penalty  Clause. 

Section  340.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  charter  for  the  violation  of  which  no  punishment 
has  been  provided  herein,  shall  be  deemed  guilty  of  a  misdemean- 
or, and,  upon  conviction  thereof,  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars,  or  by  imprisonment  in  the  city 
and  county  jail  not  exceeding  three  months,  or  by  both  such  fine 
and  imprisonment.  In  all  cases  of  violation  of  the  provisions  of 
this  charter,  or  any  ordinance  of  the  city  and  county,  the  several 
justices  of  the  peace  of  the  city  and  county  shall  have  original 
jurisdiction  and  an  appeal  may  be  taken  by  the  aggrieved  party 
from  such  judgments  to  the  county  court,  vrhere  such  cases  shall 
be  tried  de  novo. 

Oaths — Who  May  Administer. 

Section  341.  The  mayor,  clerk,  auditor,  treasurer  and  asses- 
sor, and  their  respective  deputies,  the  members  of  any  commis- 
sion or  head  of  any  department,  shall  have  power  to  administer 
oaths  and  affirmations,  except  oaths  of  office. 


125 

Personal  Injuries — Damages — Notice  Within  Sixty  Days. 

Section  342'.  Before  the  citj'  and  county  shall  be  liable  for 
damages  to  any  person  injured  upon  any  of  the  streets,  avenues, 
alleys,  sidewalks  or  other  public  places  of  the  city  and  county, 
the  person  so  injured  or  some  one  on  his  behalf,  shall,  within 
sixty  days  after  receiving  such  injuries,  give  the  mayor  notice  in 
writing  of  such  injuries,'  stating  fully  in  such  notice,  when, 
where  and  how  the  injuries  occurred  and  the  extent  thereof. 

Physical  Examination  of  Plaintiff  in  Personal  Injury  Cases. 

Section  343.  Whenever  any  action  to  which  the  city  and 
county  is  a  party  defendant  is  commenced  in  any  court  of  record 
to  I'ecover  damages  for  persomal  injuries  alleged  to  have  been 
occasioned  by  reason  of  negligence  of  the  city  and  count}-  or  of 
an}'  of  it's  ofBcers  or  agents,  it  shall  be  lawful  for  the  court,  upon 
application  of  the  city  and  county,  to  appoint  not  more  than 
two  competent  and  disinterested  witnesses  for  the  purpose  of 
making  examinations  as  to  the  fact  and  extent  of  the  alleged  in- 
juries; and  it  shall  be  the  duty  of  the  plaintiff  to  submit  to  such 
examination  by  such  witnesses^  for  such  purpose,  upon  the  order 
of  the  court,  and  to  such  extent  only  as  may  be  specified  therein ; 
and  if  the  plaintiff  shall  refuse  to  submit  to  such  examination  in 
compliance  with  such  order,  then  no  evidence  shall  be  received 
upon  the  trial  concerning  any  injuries  of  which  in  and  by  the 
order  of  the  court  such  witnesses  were  authorized  to  make  ex- 
amination. 

Personal  Injuries — City  Recover  Amount  of  Judgment  from  Pri- 
vate Party  When. 

Section  344.  If  any  person  shall  recover  judgment  against 
the  city  and  county  for  damages  sustained  to  person  or  property 
by  reason  of  any  defect  in  the  streets,  avenues,  alleys  or  public 
places  of  the  city  and  county,  the  city  and  county  shall  have  the 
right  to  recover  the  amount  of  said  judgment  from  any  person 
or  corporation  who  may  have  caused  such  defect  or  from  whose 
negligence  such  defect  may  have  been  occasioned ;  Provided,  such 
person  or  corporation  so  causing  such  defect  as  aforesaid,  shall 
have  notice  of  the  pendency  of  any  action  against  the  city  and 
county  in  favor  of  the  person  sustaining  damages  as  aforesaid, 
but  in  the  absence  of  such  notice,  the  person  or  corporation  so 
causing  such  defect  as  aforesaid,  shall  not  be  concluded  as  to 
any  matter  of  fact  determined  in  the  action  against  the  city 
and  county  by  the  person  sustaining  damages   as   aforesaid. 

Plats  of  Additions  to  Be  Approved  by  Council. 

Section  345.  No  territory  within  the  city  and  county  shall 
be  so  platted  as  to  dedicate  any  street,  alley  or  other  public  high- 
way, without  the  approval  of  the  council.  Owners  shall  submit 
to  the  coumdl  a  plat  of  any  proposed  division,  showing  the  ad- 
jacent streets  and  alleys,  and  the  topography  of  the  platted  ter- 
ritory, accompanied  by  a  certificate  of  title  from  the  attorney. 


126 

No  territory  shall  be  platted  unless  all  taxes  and  special  assess- 
ments thereon  shall  have  been  paid.  One  plat  shall  be  filed 
with  the  engineer  and  another  with  the  recorder. 

Annexed  Municipalities — Equal  Fire  and  Police  Protection,  Etc. 
Section  34G.  In  all  appropriations  and  expenditures  of  pub- 
lic mone^'  for  fire  and  police  protection,  care  and  maintenance 
of  streets,  the  furnishing  of  light,  and  of  water,  the  council 
shall  set  aside  for  and  expend  in  that  part  of  the  city  and  county 
included  within  the  limits  of  the  municipalities  annexed  to  the 
city  of  D,enver,  or  consolidated  with  the  city  and  county,  its  just 
share  in  proportion  to  the  assessed  valuation,  as  near  as  may  be, 
to  be  distributed  among  the  sections  comprised  by  the  former 
municipalities  in  the  same  proportion,  and  the  water,  and  light 
ser\-ice,  and  fire  and  police  protection  of  such  former  munici- 
palities shall  not  be  curtailed. 

OflEicers  and  Employes  May  Receive  But  One  Salary. 

Section  347.  No  officer  or  employe  shall  hold  or  enjoy  any 
other  public  office  or  public  employment  for  which  he  is  paid  any 
compensation.  No  officer  or  employe  shall  become  surety  on  the 
official  bond  of  any  other  officer  or  emploje. 

ARTICLE  XIY. 

SCHEDULE. 

Ordinances,  Etc.,  in  Force — Continuation  of. 

Section  348.  Except  as  otherwise  herein  provided,  all  ordi- 
nances in  force  at  the  time  of  the  adoption  of  this  charter,  so  far 
as  not  inconsistent  herewith,  shall  remain  in  full  force  and  effect 
until  they  expire  by  their  own  limitation  or  until  amended  or  re- 
pealed by  the  council.  All  rights,  liabilities,  obligations,  suits, 
actions,  prosecutions,  claims  and  contracts  of  the  city  of  Denver, 
the  former  county  of  Arapahoe,  the  included  municipalities,  and 
the  city  and  county  of  Denver  shall  remain  and  continue  in 
full  force  and  effect  as  if  the  form  of  government  had  not  been 
changed  and  this  charter  adopted. 

Saving  Clause — Former  Municipalities. 

Section  349.  All  the  ordinances  of  each  of  the  former  mu- 
nicipalities included  within  the  boundaries  of  the  city  and  county 
of  Denver,  establishing  fire  limits,  providing  for  building  restric- 
tions or  prescribing  the  character  of  buildings  to  be  erected  with- 
in such  municipalities,  or  any  portion  thereof,  shall  be  in  force 
and  efl'ect  until  otherwise  provided  by  the  council. 

Saving  Clause. 

Section  350.  All  recognizances,  obligations  and  other  in- 
struments entered  into  or  executed  before  the  adoption'  of  this 
chai'ter,  to  the  city  of  Denver,  the  former  county  of  Arapahoe, 
any  included  municipality,  the  city  and  county  of  Denver  or  any 
officer  thereof  and  all  taxes,  fines,  penalties  and  forfeitures  due 


127 

or  owing  to  the  city  of  Deoaver,  the  former  county  of  Arapahoe, 
any  included  miunicipaMtj^,  the  city  and  conntj'  of  Denver,  or 
any  oflfieer  of  any  of  them,  and  all  rights,  prosecutions,  actions 
and  causes  of  action  shall  continue  and  remain  unaffected  by  any 
change  in  the  form  of  government  or  by  the  adoption  of  this 
charter. 

Police  Magistrate's  Court — Termination  of — Records,  Etc. 

Section  351.  The  police  magistrate's  court  of  the  city  and 
county  of  Denver,  and  the  term  of  office  of  the  judge,  clerk  and 
bailiff  thereof,  shall  terminate  immediately  upon  the  election  and 
qualification  of  the  justices  of  the  peace,  at  the  first  city  and 
county  election  herein  provided  for.  But  all  pending  unsatisfied 
sentences,  judgments  or  convictions  of  said  court,  or  appeal  or 
appeals  therefrom  shall  stand  in  all  respects  as  though  said 
court  had  not  been  terminated.  All  records  of  and  proceedings 
in  said  court  shall  at  the  termination  thereof,  be  by  the  judge 
and  clerk  thereof,  turned  over  to  the  justice  of  the  peace  first 
performing  the  duties  of  police  magistrate  under  this  charter, 
who  shall  proceed  with  all  unfinished  business  thereof  in  all  re- 
spect's as  though  the  same  had  originated  in  his  court.  Within 
ten  days  after  the  termination  of  the  police  magistrate's  court 
hereunder,  the  judge  and  clerk  shall  make  a  complete  report  to 
siaid  justice  of  tlie  peace,  showing  the  number  and  amount  of 
unpaid  fines  and  penalties  by  him  imposed,  with  the  names  of 
the  defendants  or  persons  Liable  therefor.  He  shall  also  within 
said  time,  render  an  account  under  oath,  and  pay  over  to  the 
auditor  all  such  fines,  penalties  and  other  moneys  in  his  hands 
or  those  of  the  clerk,  belonging  to  the  city  and  county. 

Officers — Who  Are  Successors. 

Section  352.  The  county  court  herein  established  shall  be 
the  successor  of  the  county  court  of  the  former  county  of  Arapa- 
hoe and  of  the  city  and  county  of  Denver.  The  justices  of  the 
peace  provided  for  in  this  charter  shall  be  the  successors  of  the 
justices  of  the  peace  in  the  former  county  of  Arapahoe  and  the 
included  municipalities  and  in  the  city  and  county  of  Denver 
and  of  the  police  magistrate  court  of  the  city  of  Denver  and  of 
the  city  and  county  of  Denver  and  of  police  magistrate 
courts  of  included  municipalities,  with  full  power  to  continue 
to  prosecute  to  final  conclusion  all  suits,  actions  and  prosecutions 
now  pending  and  undetermined  in  said  courts  and  with  full 
power  to  enforce  all  judgments  heretofore  emtered'  in  any  and 
all  of  said  courts. 

Election  Precincts  and  Districts. 

Section  353.  All  ekxtion  districts  and  precincts  within  the 
boundaries  of  the  city  and  county  as  at  the  present  time  estab- 
lished shall  remain  until  changed  or  abolished  by  law  or  ordi- 
nance. 


128 
AETICLE  XV. 

AUDITORIUM. 

Submission  to  Taxpayers. 

Section  354.  There  shall  be  submitted  to  the  vote  of  the 
taxpajing  electors  at  the  next  election  succeeding  the  adoption 
of  this  charter,  the  following  question: 

Question :  Shall  the  city  and  county  of  Denver  issue  bonds 
to  an  amount  not  exceeding  four  hundred  thousand  dollars,  bear- 
ing interest  at  a  rate  not  exceeding  four  per  centum  per  annum, 
and  maturing  in  not  less  than  fifteen,  nor  more  than  thirty  years, 
the  principal  to  be  payable  in  equal  annual  installments,  com- 
mencing the  first  year  following  the  issue  of  the  bonds,  for  the 
purpose  of  erecting  a  public  auditorium,  including  the  purchase 
of  a  site  therefor,  if  desired? 

Answers : 

Yeis. 

No. 

Voters  wishing  to  vote  in  the  afQtrmative  shall  put  a  cross 
(X)  after  the  word  yes;  those  wishing  to  vote  in  the  negative 
shall  put  a  cross  (X)  after  the  word  no. 

In  case  the  issuance  of  bonds  for  the  erection  of  an  audi- 
torium be  authorized,  the  council  shall  select  and  may  condemn 
or  purchase  the  site  therefor ;  and  the  board  of  public  works  shall 
erect  the  auditorium  and  have  control  of  all  matters  in  connec- 
tion therewith,  except  the  selection  and  acquisition  of  the  site. 
The  auditorium  may  include  accommodations  for  other  purposes 
and  when  not  needed  for  the  use  of  the  city  and  county,  the  audi- 
torium or  any  part  thereof  may  be  rented.  The  auditorium, 
when  completed,  shall  be  under  the  control  of  the  commissioner 
of  supplies  under  such  rules  and  regulations  as  the  council  may 
determine. 

Done  in  Convention,  at  the  council  chamber  in  the  city 
and  county  of  Denver,  Colorado,  this  6th  day  of  February,  in 
the  year  of  our  Lord,  one  thousand  nine  hundred  and  four,  and 
of  the  independence  of  the  United  States  the  one  hundred  and 
t'wentj'-eighth. 


129 


In    Witness   Whereof,    we   have    liei-euuto   subscribed   our 
niames. 

CHARLES    H.    MARSHALL, 

President. 

HARPER  M.  ORAHOOD, 

Vice-President. 

CHARLES  M.  BROWN. 

THOMAS  F.  DALY. 

JACOB  FILLIUS. 

JOHN  GAFFY. 

ALICE  POLK  HILL. 

DAVID  K.  LEE. 

OSCAR  REUTER. 

WM.  H.  SHARPLEY. 

JOS.  C.  SHATTUCK. 

AUGUST  J.  SPENGEL. 

HUGH  L.  TAYLOR. 

CHARLES  S.    THOMAS. 

EDWARD  F.  TRUNK. 

THOMAS  E.'  WATTERS. 

W  M.  F.  WEBB. 

CLAY  B.  WHITFORD. 

HIRAM  G.  WOLFF. 

BEN  J.  E.  WOODWARD. 

ADOLPH  J.  ZANG. 
Attest : 

CHARLES  W.  VARNUM,  Secretary. 


MEMORANDA 


Constitutional  submission  act  approved  March  18,  1901. 
Katified  at  general  election  November  4,  1902. 
Governor  Orman's  proclamation  issued  December  1,  1902. 
Constitutionality  sustained  by  Supreme  Court,  February  27, 
1903.     (People  ex  rel.  Elder  vs.  Sours,  31  Colo.,  369.) 
First  charter  convention  elected  June  2,  1903. 
First  charter  convention  in  session  June  9  to  August  1,  1908. 
First  proposed  charter  rejected  September  22,  1903. 
Second  charter  convention  elected,  December  8,  1903. 

Second  charter  convention  in  session  December  15,  1903,  to 
February  6,  1904. 

Second  proposed  charter  adopted  March  29,  1904. 
Charter  filed  in  the  office  of  the  secretarv  of  state  at  2:20 
p.  m.,  April  7,  1904. 

First  election  under  the  charter  May  17,  1904. 

The  officers  elected  Mav  17,  1904,  assumed  office  June  1.  1904 


Consolidation  of  City  and  County  Denied — People  vs.  John- 
son, 34  Colo.,  143.     (Decided  July  2,'l905.) 


Consolidation  of  City  and  County  Sustained — People  ex  rel. 
Attorney  General  vs.  Cassiday,  et  al.,  50  Colo.,  503.  (Decided 
May  1,  1911;  rehearing  denied  June  5,  1911.) 

Petition  for  writ  of  error  dismissed  by  Supreme  Court  of  the 
United  States  for  want  of  jurisdiction,  October  23,  1911. 


Election  May  15,  190(). 

Section  239  Police  Pension   (Amended). 

Vote  for    10,440 

Vote  against    5,243 

Section  263-A  Electric  J.if/hts  (New). 

Vote  for   10,242 

Vote  against    7,081 

Election  May  17,  1910 

Total  vote  registered 74,478 

Total  vote  cast <>!  ,007 


132 


Soction  22  In  if  id  tire  (Amended). 

Vote  for   14,370 

Vote  against    11,177 

Section  22-A  Procedure  (New). 

Vote  for    12,118 

Vote  against    10.637 

Section  22-B  Beeall  (New). 

Vote  for    1 1,442 

Vote  against    10,626 

Section  23  Petitions  (Amended). 

Vote  for   12,925 

» 
Vote  against    11,144 

Section  141  Municipal  Court  (Amended). 

Vote  for   10,674 

Vote  against    10,582 

Section  153-A  Salaries  (New). 

Vote  for   20,872 

Vote  against    11,031 

Section  187  Secretary — Civil  Service  (Amended). 

Vote  for   20,872 

Vote  against    11,031 

Section  264-A  Water  Commission  (New). 

Vote  for    12,342 

Vote  against    10,399 


INDEX 


INDEX 


A 

References  are   to  Sections. 
ACCOUNTANT- 

auditor   general   accountant,   47. 
corporation  may  be  employed,  243. 
expert,  compensation,  243. 

ACCOUNTING— 

uniform  and  comparative  system,  244. 

ACCOUNTS— 

with  individuals— rendered  by  auditor,   232. 
with  offlcers— settled  by  auditor,  227. 

ACCOUNT   STATED— 

auditor's,   evidence  in   all   courts,   232. 

ACTING  MAYOR,  28. 

ACTION-^— 

see  Attorney,  33. 

pending-,  not  affected   by   charter.  350. 

ADDITION  TO  CITY— 

map  of,   approved  by  council,   345. 

ADVERTISING— SEE— 

commissioner  of  supplies,  61-62. 

contracts  for,   generally,  62. 

delinquent  tax  list,   62. 

ofHcial  paper,  62. 

ordinances,   13. 

public   improvements,   proposals  for,   272,   2. 

public  improvements,  notice  of  completion,  299. 

public  improvement  bonds,  call  for,  314. 

ALDERMEN,    BOARD   OF— 

attendance  of  members,  may  compel,  10. 

ayes  and  noes,  11,  13. 

bills  may  originate  in,  13. 

bills,   how  passed,   13-15,   18. 

clerk  of  city  and  county  act  as  clerk  of,  9,  37. 

clerk  of,   keep  journal,   11,   37. 

clerk  of,    notify   auditor   of   absentees,    12. 

election,  167. 

election  of  members,   sole  judge  of,  10. 

elected  by  wards,  7. 

executive  power— has  none,   16. 

expulsion  of  members,   10. 

impeachment  of  elective  officers,  163. 

journal  of,  clerk  shall  keep,  11,  37. 

majority  (of  all  members  elected),  11. 

meetings,  regular,  twice  a  month,  9. 

meetings,   special,   call  of  the  mayor,  19. 


13G 


References  are   to  Sections. 
ALDERMEN,    BOARD    OF— Continued, 
member  of  board — 
age,  25  years,  S. 
arrests,  may  make,  157. 
attendance,  may  be  compelled,  10. 
attendance,    forfeiture    for   absence   $10.00,    12. 
citizen,   must  be,  8. 
contract  with'  city,   may  not,"  8. 
exempt  from  jury  duty,  8. 
expulsion  of,  10. 
jury  duty,   exempt  from,   8. 
moving  from  ward  vacates  office,  180. 
office  created  by  council,   may  not  hold,  8. 
other  office   of  city  and    county,    may   not   hold,   8. 
punishment  of,  10. 
qualifications  of,  8,  149. 
recall — subject   to,   22b. 
residence  in  ward,   8. 
residence  in  city  and  county  2  years,  8. 
salary,    $1,000.00,    payable   monthly,    153,   233. 
taxpayer,   must  have  been  for  1  year,   8. 
term  of  office  2  years,  7. 
number  of,   sixteen,   be  twenty-one,   2,   7. 
open    meetings   sit   with,   9. 
duties    of   president,    10. 

elected  by  ballot,  7. 

mayor,   acting,   when,   28. 

salary,    $1,200.00,   153,   233. 

term   of  one  year,  7. 
punishment  of  members,  10. 
qualifications   of  members,   8,    149. 
term  of  office,   two   years,   6. 
vacancy,  how  filled,  31. 

ALLEYS— 

cleaning,  bureau  of  highways,  91. 
control,   bureau   of  highways.    S3,    91. 
dedication.    345. 
opening  of,   board   of   public   works,   84. 

AMENDMENTS— 

charter,  proposal  for,  20,  179. 
bills  in  passage,  18. 
ordinances,   13. 

AMUSEMENTS— 

licensing  places  of,    see  Fire  and   Police  Board,   Licenses,   73-75. 

ANNEXATION— 

powers  of,   defined,  1. 

ANNEXED    MUNICIPALITIES— 

appropriation  and  expenditure  of  money  in,  346. 
building  restrictions  remain  in  force  until  changed,  349. 
indebtednes,  providing  for  payment  of,   350. 
liquor  laws  and  ordinances  remain  in  force,  80. 
ordinances  remain  in  force,   generally,  until  changed,  348. 
ordinances   in  relation   to  fire  limits,    how   changed,   349. 
police  magistrates,  courts  of,  justices'   courts  successor,  352. 
rights,   liabilities,   obligations,   etc.,    remain   in  force,   348. 
suburban  improvement  districts  in,   319. 
taxes,  fines,   actions,   etc.,   unaffected,  350. 


137 


References  are  to   Sections 
APPEAILS— 

municipal  court.   141. 

A  PPOINTMENTS— 

council  not  make,  16. 

heads   of   departments,    may   make.    151. 
mayor  make,  except,  150. 
qualifications  of  appointees,  149,  150. 
removal  for  nonpayment  of  debts,  161. 

APPROPRIATIONS— 

annexed  municipalities,   fire  and  police   protection,   etc.,   340. 

balances,   how  disposed  of.   17. 

bonded  indebtedness  interest,  220. 

charitable    organizations,    conditions,    114. 

council,  action  on  mayor's  veto,  15. 

council,  may  make  and  transfer,  13. 

exceeding  $5,000.00,   how  made,  13. 

fire  and  police  purposes,  board  control,   67. 

how  made,  13,   219. 

library  purposes,   $30,000.00,   127. 

library  purposes,  library  commission  control,   126. 

limit,  90  per  cent,  estimated  revenue,  219. 

mayor  approve  or  veto,  15. 

memorial  day  exercises,  $300.00,   249. 

municipal  purposes,  219. 

public   improvements,    board   of   public   works   control,   88. 

park   purposes,    not   to   be   transferred,   103. 

park  purposes,  park  commission  and  mayor  control,   !/7. 

special,   after  first  election,  248. 

unexpended  balances,  how  disposed  of,  17. 

ARAPAHOE  COUNTY— 

county  court  successor  of  county  court  of,  352. 
county  officers,   who  perform  duties,   156. 
indebtedness,   payment,   how  made,   350. 

ARRESTS,   WHO  MAT  MAKE— 
council,   members  of,  157. 
health  commissioner  and  inspectors,  158. 
license  inspectors,   72. 
mayor,   157. 

persons  in  charge  of  city  and  county  dump,  138. 
police  force,  members  of,  65. 
special  police,  69. 

ART  COMMISSION— 

appointed  by  mayor,   121. 

assistants,    appointment   of,    154. 

contracts,   prepared  by  attorney,   33. 

contracts  in  re   "works   of  art"   approval,  124. 

contracts,  violation  of,  report  to  mayor,  26. 

expenses,   estimate  to   mayor  and   auditor,   216. 

meetings    of,    with    mayor,    32. 

members- 
mayor,   ex-oflicio,   121. 
number  apointed,   six,   121. 
oath  of  office,  151. 

pay   for  design,   etc.,    may   not  receive,   122. 
qualifications,    121,    150. 


1  :{S 


References   are   to  Sections. 

ART    COMMISSION— Continued 
members— continued 

salary,   none,  122. 

term  of  office,   six  years,  121. 
powers   of,    121-124. 
records  to  be  public,  155. 
rules,  etc.,   how  made,  32. 
"work  of  art,"    acquisition   of,   122. 
"work  of  art,"  contract  for,  124. 
"work  of  art,"  definition  of,  123. 

ART— 

work  of,  defined,  123. 

ASSESSMENTS— 

see  Assessor,    Public   Improvements,    etc.,    283,   293,    296,   298-311. 

ASSESSOR— 

assess  all  taxable  property  according  to  general  law,   46. 

assessment  roll,  certify  to  council,  213. 

assessment  roll,  issue  warrant  to  treasurer  to  collect,  213. 

assessment  roll,  provide  column  for  special  assessments,  302. 

assistants,  appointment  of,   154. 

bond,   $10,000.00,   152. 

contracts,   report   violation  of  to   mayor,   26. 

contracts  of,  prepared  by  attorney,  33. 

deputies,  may  administer  oaths,  341. 

deputy,  none  provided  for. 

election,  167. 

expenses,  estimate  of,   to  mayor  and  auditor,  216. 

fees,  etc.,   collected,  paid   to   treasurer  dally,   159,   221-225. 

impeachment,   163-165. 

oath,   except  oath  of  office,  may  administer,   341. 

oath  of  office,  151. 

office  open  9  a.  m.  to  5  p.  m.,  30. 

qualifications,   149 

recall— subject   to.   22b. 

records,   shall  be  public,  155. 

report  to,  by  clerk,  tax  levy,  213. 

salary,  $4,600.00,  payable  monthly.  153,  233. 

term  of  office,   four  years,  168. 

vacancy,  how  filled,  31. 

ASSESSMENT  ROLL— 

certified  to  council  by  assessor,  213. 
contain  column  for  special  assessment,  302. 
special  taxes,   made  by  auditor,   302. 

ASSETS  AND  LIABILITIES— 

tables  of,  kept  by  auditor,  47. 
see  respective  offices;  also,  154. 
attestation  of  public  records,  etc.,  37. 

ATTORNEY— 

appointment  of— by  mayor,  150. 

appointments  by- 
first  assistant,  $2,500.00,  36,  153. 
second  assistant.   $1,800.00,  36,   153. 
third  assistant,  $1,500.00,  36,   153. 
stenographer,   $1,200.00,  36,   153. 
special  counsel,  36. 
special   officer,    36. 


139 

References  are  to  Sections. 
ATTORNEY— Continued. 

certificate  of  title  of  proposed  addition  furnished  council,  345. 

contracts,   report  violation  of  to  mayor,   26. 

contracts,   prepare  for  all  officers,   33. 

expenses,    estimate   of   to   mayor   and   auditor,   216. 

fees,  etc.,  collected,  paid  to  treasurer  daily,  159,  221-225. 

oaths,  may  administer,  33,  341. 

oath  of  office,  151. 

office  open  9  a.  m.  to  5  p.   m.,  30. 

opinions,  when  and  to  whom  rendered,  33. 

opinions,  public  utilities,  purchase  of,  255. 

qualifications,  150. 

records,  property  of  city  and  county,  34. 

records  shall  be  public,  155. 

removal  of,  at  pleasure  of  mayor,  150. 

removal  of,   for  nonpayment  of  debts,   161. 

reports  of,  to  mayor,   February  1,  35. 

reports  to,  by  building  inspector,  violation  of  contracts,  63. 

rules  of  office,  how  made,  32. 

salary,   $4,600.00,   payable  monthly,   153,   233. 

suits,  commence  at  request  of  mayor  or  council,  33. 

suits  to  compel  railroad  companies  to  build  viaducts,  prosecute  same,   297. 

term  of  office,  at  pleasure  of  mayor,  150. 

vacancy,  filled  by  mayor,  31. 

AUDITOR— 

audit  of  accounts  procedure,   230. 
accounts  of,  audited  by  mayor,  230. 
account  of  moneys,  etc.,  due  city,   when  make,  232. 
aldermen,  deduct  forfeiture  for  non-attendance,   12. 
assessment  roll,   make  same,   for  special  taxes,  302. 
assets  and   liabilities— keep  tables   of,   47. 
assisstant   of,   employment  and  pay  of,  153,   154. 
audit  all  accounts  except  his  own,  47,  230. 
bank,  selection  of,  for  deposit  city  funds,  58. 
bank,  approval  of  bond  of  deposit,  58. 
bank,   amount  $10,000   (see   also   208),   152. 
bond  of  clerk,  custodian  of,  37. 

bonds  and  warrants,   duties  of  in  relation   to,   abstract   of  when  cancelled, 
disposition  of,  49. 

certify  payment  of  to  council,  49. 

record  of  to  be  kept,  47. 

signing  of  by,  48. 
classified  service,  employe  of,   when  issue  warrant  to,  208. 
contracts  of  prepared  by  attorney,  33. 
contracts,  countersign  and  register,  47. 
contracts,   report  violation  of  to  mayor,  26. 
custodian  of  clerk's  bond  and  other  papers,  37,  47. 
demands  against  city  and  county,  allowance  of,  49,  208. 
deputy,  none  provided  for. 

deputies  may  administer  oaths  and  affirmations,  341. 
duties  generally,   47-50. 
election  of,  167. 

expenses,  estimate  of,   to  mayor,  216. 

fees,  etc.,  collected  by,  paid  to  treasurer  daily,  159,  221-225. 
fees,   etc.,   colection  of,   reported  to  auditor  monthly.   227. 
funds,  see  "Funds,"  234-242. 
liabilities  and  assets,   keep  tables  of,  47. 


140 


References  are  to  Sections. 
AUDITOR— Continued, 
licenses — 

fees  for,  attest  indorsement  of  payment,  73. 

inspectors  appointed  by,  72. 

transfer  of,  how  made,  74. 
notice  of  moneys,   etc.,   due  city,   when  made.   232. 
oaths,  may  administer,  341. 
oath  of  office,  151. 

public  improvement  bonds,  not  audit  accounts  for,  312. 
qualifications,   149 
recall— .subject   to,   22b. 

receipt  books,   official  custodian  of  stubs,  224. 
receipt  books  receive  from  commissioner  supplies,   224. 
register  public  improvement  bonds,  312. 
reports  by — 

to  council,  bonds,  payment  of,   whenever  made,  49. 

to   council,    funds,    condition   of,   in  June  and  January,   50 

to  council,   treasurer's  report,  certify  to,   55. 

to  mayor,  estimate  of  expenses,  in  November,  216.  / 

to  mayor,   estimate  of  certain  taxation,  216. 

to  treasurer,  assessment  roll  for  public  improvements,   302. 
reports  to- 
by all  officers  collecting  fees,   etc.,   on  5th  each  month,   227. 

by  civil  service  commission  of  all  employes,  208. 

by  clerk  keeping  journal  of  council,  of  absences,  12. 

of  employe  discharged,  by  officer  discharging,  231. 

of  employe,   temporary,   service  of  by  employer,   229. 

of  fees.  etc..  collected,  on  5th  of  each  month,  227. 

of  mileage,  by. officer  authorized  to  charge,  228. 

by  policeman,   of  violation  of  liquor  law,   79. 

by  recorder,  5th  each  month,  business  and  receipts,  40. 

by  sheriff,  5th  each  month,'  business  and  receipts,  43. 

by  treasurer,  all  moneys  collected,  5th  each  month,  226. 

by  treasurer,   duplicate  receipts  for  moneys   received,   52. 

by  treasurer,  special  assessments,   collection  of,  10th  each  mcmlh, 

by  treasurer,  tax  collections,  5th  each  month,  214. 

by  treasurer,   taxes,  state  and  school,  ath  each  month,  215. 

by  treasurer,  unused  official  receipts,  5th  each  month.  226. 
saloonkeeper,   charges  against,   when  made.  79. 
salary,  $4,600.00,   payable  monthly,  153,  233. 
stated  account,  when  made,  where  evidence,  232. 
supervisors,   deduct  forfeiture  for  non-attendance,  12. 
taxation,   amount   necessary  for   certain  purposes,   reports.   216. 
treasurer's  report,  publish  abstracts  of,  56. 

"unapportioned   fee  fund,"   composition  and  disposition   of,   223-227. 
vacancy,   how  filled,   31. 
warrants,   duties   in  relation  to,   47-49. 

AUDITORIUM— 

bonds,   submission   to  taxpayers,   354. 
condemnation  of  site  for,  322. 
construction  of,  board  public  works,  354. 
control  of,   commissioner  of  supplies,   354. 

AWNINGS— 

board  of  public  works  have  charge  of,  84. 


141 

B 

References  are  to  Sections. 
BALLOT— 

see  Elections,   179. 

aldermen,   board  of,   elect  president  by,  7. 

supervisors,    board   of,    elect   president   by,    6. 

BANKS— 

selection   of   for  deposit   of  city   funds,   58. 
depository   board    of,    surety   company.    58. 

BIDS— 

see  Commissioner  of  Supplies,   Public  Improvements. 

BILLS— 

against  city  and   county,   see  Auditor,  etc.,  4S,  208. 
see   Ordinances,   13,   18. 

BOARD    OF    ALDERMEN— 
see  Aldermen,   Board  of. 

BOARD   OF    SUPERVISORS— 
see   Supervisors,    Board  of. 

BOARD  OF  FIRE  AND  POLICE— 
see   Fire  and  Police,   Board   of. 

BOARD   OF  PUBLIC   WORKS— 
see  Public  Works,  Board  of. 

BOARDS,  HEADS  OF— 

see  Departments,   Boards,   etc. 

BOILER  AND  ELEVATOR  INSPECTOR- 
appointed  by  mayor,   63. 
assistants,   63. 
bond,   152. 

contracts,    report   violation   of   to   mayor,    26. 
contracts  of,  prepared  by  attorney,  33. 
expenses,    estimate    of    to    mayor   and    auditor,    216. 
fees,   etc.,   collected,   paid  to   treasurer  daily,   159.   221-225. 
oath  of  office,   151. 
office  open  9  a.  m.   to  5  p.   m.,  30. 
qualifications,    150. 
records  shall  be  public,  155. 
removal  for  nonpayment  of  debts,   161. 
rules  of  office,  how  made,  32. 
salary,   $1,800.00,   payable   monthly,   153,   233. 
term  of  office,   four  years,  63. 
vacancy,  how  filled,   31. 

BONDED   INDEBTEDNESS,    SEE   THE   FOLLOWING: 
auditorium,  354. 

funding  bonds,  subrnission  of,  251. 
limitation'  of,   3  per  cent,   assessed  valuation,   250. 
ordinance   authorizing,    irrepealable   till    paid,    250. 
public   improvements,   312-314. 
public   utilities,   258,   264a. 
refunding  bonds,  submission  of,  251. 
submission  of   to  taxpayers,  250. 
bonds  of  city  and   county   officers,   152. 
approved  by  the  mayor,  352. 
assessor,    $10,000,    152. 
auditor,    $10,000,   152. 

bank   holding   city    funds,    amount,    ('onditions,    etc.,    58. 
bonds  now  existing  remain  in  force,  350. 


142 

References  are   to   Sections. 

BONDED      INDEBTEDNESS— Continued, 
building   inspector,    $10,000,   152. 
clerk,  $5,000,  152. 
clerk  county  court,   $10,000.  162. 
commissioner  of  supplies,  $10,000,  152. 
contractors,   61,  S7,  315. 
coroner,   $2,000,    152. 

council   may   impose   other   conditions,   152. 
county   judge,    $10,000,    152. 

county   superintendent   of   schools,    $1,000,    152. 
depository  bank  must  have  surety  company,  58. 
engineer,  $10,000,  152. 

fire  and  police  board,   each  member,   $5,000,   152. 
Justice  of  the  peace,  as  provided  by  general  law   ($10,000,   see  S.   L.  1893,   p. 

302),    142. 
ofHcer  or  employe  not  be  surety  for  another,  347. 
officers   not  enumerated,  fixed,   152. 
public  works,  board  of.  each  member,  $5,000,  152. 
recorder,    $5,000,    152. 
sheriff,    $10,000,    152. 

surety  company  required   for  depository    bank   and   treasurer,   57.   58. 
surety  company   required  for  contractor  public   improvement.   315. 
treasurer,   $500,000  by   surety  company,   57. 

BONDHOLDER— 

furnishing  address  to  treasurer,  copy  of  call  for  bonds  to  be  mailed  to,  314. 

BONDS  OP  THE  CITY  AND  COUNTY— 
annexed   municipalities  refunding,   2.51. 
bonded    indebtedness,    245,    247,    250.    251. 
cancellation    of,    49. 
execution   and   issue   of,    29. 

interest,  deferred  payments,  paving,   etc.,   not  over  6  per  cent.,   304. 
interest  fund,  236. 
investment  of  city   funds   in,   2.3S. 
investment   of   public    imp.    funds   in,    261. 
parks  and  park  ways,   see  same,  323-329. 

payment   of,   auditor  and   clerk   certify  abstract   of  to   council,   49. 
payment  of,    treasurer   make  without   warrant,   54. 
public  improvements,  see  same,  312,  314. 
public   utilities,    see  same,   257,   259. 
qualified  electors — submission   to,   264a. 
redemption   of,    238. 

remain  in  force,  those  now  existing,   350. 
signature  of,  by  mayor,   etc.,    29. 
sinking  fund,   use  of,  236. 

tax-paying  electors,    submission   to,   250,   257. 
water   bonds,   264a. 

BOULEVARDS— 

board  of  public  works,  controlled  by,  85. 
park  commissioners,   powers  of,  104. 

BRIDGES— 

control  of,  board  of  public  works,  83. 

BUDGET— 

appropriation  by  not  to  exceed  90  per  cent,  estimated  revenue,  219. 

council  make  in  joint  session  in  December,   218. 

council  change  mayor's  budget  by  two-thirds  vote  of  each  body,  218. 

estimate   for,    based   on   assessor's   valuation,    etc.,   219. 

interest  and   sinking  fund  provided   for  from  taxes,   220. 


143 

References  are  to  Sections. 

BUDGET— Continued. 

mayor  present  to  council  first  Monday  in  December,   217. 

mayor   budget,    cliange   of   by   council   requires   two-thirds   vote,    218. 

reports    to    mayor    for    preparation    of,    216. 

BUILDING  INSPECTOR— 

appointed   by  mayor,   63. 

assistants,   63. 

bond  of,   152. 

contracts,  report  violation  of  to  mayor,  26. 

contracts  of,   prepared  by  attorney,   33. 

expenses,    estimate  of  to  mayor  and  auditor,  216. 

fees,  etc.,  collected,  paid  to  treasurer  daily,  159,  221-225. 

oath  of  office,  151. 

office  open  9  a.  m.   to   5  p.   m.,  30. 

qualifications,   63,   150. 

record  of  inspections   shall   be  kept,   63. 

records  shall  be   public,   155. 

removal  for  nonpayment  of  debts,  161. 

reports  of  to  mayor  and  attorney,  violation  of  ordinances,  63. 

reports   to — 

inspectors  of  electric  wiring,  63. 

plumbing  inspectors,  63. 

fire   wardens,    63. 

above  reports  shall  be  entered  of  record,   63. 

rules  of  office,  how  made,  32. 

salary,  $2,500.00,  payable  monthly,  153.  233. 

term   of  office  four   years,   63. 

vacancy,    how   filled,    31. 

violations    of    building    ordinances- 
report   to   mayor   and   attorney,    63. 
make   complaints,    63. 

BUILDING  LINES— 

fronting  park  or   park   way.   100. 

BUILDINGS— 

outside   building  lines   removed,   100. 

public  construction  of,  board  public  works   full   control,   83. 

BULL   FIGHTS,   ETC.— 
prohibited,  65. 

BUREAU   OP  HIGHWAYS- 

see   Public   Works,    Board   of.    91. 

BUREAU  OP  ENGINEERING— 
general    provisions,    89-90. 

BUREAU  OP  STREET  SPRINKLING— 
mayor  control  of,  32. 

C 

CEMENT   CURB  AND   GUTTER— 
guarantee  for,   2  years,   272-277. 

CERTIFICATE— 

of  election  of  officers,   176. 

for  laying  sidewalks  not  in  districts,  interest  1  per  cent,  per  month,  2,S0. 

CHAIRMAN   POLITICAL   PARTY- 

nominate   election  commissioner   in   case   of  vacancy,  173. 

CHARITABLE    INSTITUTION- 

power  to  examine  management  of,  117. 


144 

References  are  to  Sections. 

CHARITABLE  ORGANIZATION"— 

appropriation   for,   conditions,    114. 

CHARITY  AND  CORRECTIONS— 

commission  of,  113-120. 

appointed  by  mayor,   113. 

appointments   by- 
secretary  and  other  employes,  113. 
superintendent  detention  school,   approved  by,  120 
superintendent  city  and  county  farm,   115. 

contracts   of,   prepared  by  attorney,   33. 

contracts,   report  violation  of  to  mayor,   26. 

detention   school   approve  appointment  of  superintendent,    120. 
employes,   113. 

expenses,    estimate  of   to   mayor   and  auditor,   216. 

members- 
appointed   by   mayor,   113. 
oath   of   office,   151. 
qualifications,   150. 
salary,    none,   113. 
term   of  office  two   years,   113. 

rules  of  office,  how  made,  32. 

vacancy,  filled  by  mayor,  31. 

CHARTER— 

amendment   of,    20,    17!). 

ordination  and  establishment  of.   Preamble. 

violation   of,    misdemeanor.    340. 

CHARTER    CONVENTION— 
proposal  for,   20,   179. 

CHERRY  CREEK— 

changing-  channel  of,  333-337. 

channel  of,  both  old  and  new,  property  of  city.  337. 

council  power  to  change,  333. 

improvement   of,   320. 

improvement  of  under  charge  of  board  of  public  works,  S3. 
CHIEF  OP  POLICE— 

see  Fire  and  Police  Board  and  Salaries,   65,  192. 
CHIEF  OF  FIRE   DEPARTMENT— 

pee  Fire  and  Police   Board  and  Salaries,   153. 
CHILDREN— 

under  16,   if  arrested,   kept  in  detention  school,   120. 
CITY  AND  COUNTY  FARM— 

superintendent   appointed    by   com.    charities   and   correction,    113. 
CITY  DITCH— 

park  commission   control   of,    99. 
CITY   ENGINEER— 

papers  of,   belonging  to  city  and  county.  90. 

CIVIL   SERVICE   COMMISSION— 

appointments  by,   examiner   for  temporary  service,    ($5.00  per  day),   1ST. 
appointments  by   secretary— salary   $1,800.00,   187. 
classified   service,   employes  in — 

applicants  for,   preferences   to  old   soldiers,   195. 
register  of  to  be  kept,  196. 
qualifications  of,   193. 
appointments   in   original,    six   months'    probation.   200. 
provisional,    198. 
temporary   service,    sixty  days   only,    202. 


145 


References  are  to   Sections. 
•CIVIL   SERVICE    COMMISSION— Continued, 
classified    service,  employes    in — continued. 

discharges  from,   how  made,  204. 

eligible  list  to  be  kept,  190. 

examinations  for,   194. 

examinations   for  corrupt  practices  in,    209. 

extension  of  to  other  departments,   192. 

includes   what   departments,    192. 

names  of,  must  be  certified  to  auditor  before  payment.   20S 

political    purposes,    contributions    for,    205. 

positions  in,  how  filled,   197. 

probation  period,   what  constitutes,   190. 

promotion   in.    how   made,   199. 

provisional  appointments,   how   made,   198. 

reduction  of  force,   how  made,   201. 

register  of  employes  to  be  kept,  206. 

removal   of  generally,    204. 

removal   of   for   nonpayment   of   debts.    161. 

suspension  and   reinstatement,   201. 

transfers,   one  department   to  another,   203. 

vacancies  to  be  filled   from   eligible  list,   190. 
examiners,    who    constitute,    188. 
members — 

appointed    by    mayor,    185. 

oaths,   may  administer,  341. 

oath  of  offlce,  151. 

political   party,    not   more   than    two   belong   to   same,    185. 

qualifications,    185,    150. 

removal   from  office,   185. 

salary,    none,   185. 

term  of  office  six  years,  185. 
offices,   stationery,   etc.,   how  supplied,   207. 
powers  of — 

appointments,    recommends  names   for,   197. 

discharged  employe,  investigate  and  reinstate,   when.   204 

examinations,   full  control  of,  188. 

promotions,  provide  rules  for,  199. 

rules,   make  and  enforce,   189,   190. 
register  of  all  employes   in  classified   department.   20ii. 
report   names  of  all   classified  employes   to  auditor.   208. 
rules  of  to  be  printed  and  distributed,  189. 
witnesses,    may   compel   attendance  of,   191. 

CLERK  OF   THE   CITY   AND   COUNTY,   37-38. 
appointments  by,   deputy  and  assistants,  37. 
attest   public  instruments,   37. 
bonds   of  $5,000.00,   152. 
bonds   attested    by,    29. 

bonds,   cancellation  of,  certify  to  council,  49. 
bonds  cancelled,   custodian  of,  37. 
bonds  of  officers,  custodian  of,   except  his  own,  37. 
clerk  of  council,  11,  37. 
contracts,  attested  by,   29. 
contracts,  original  custodian  of,  37. 
contracts   of,  prepared  by  attorney,   33. 
contracts,  report  violation   of  to  mayor,  26. 
custodian   of,   generally,    see,   37,    151. 
deputy,   appointment  and  powers  of,  37. 
deputies,   may  administer  oaths,   341. 
election,    167. 


References  are  to  Sections. 
CLERK  OF  THE  CITY  AND  COUNTY,   37-38— Continued, 
expenses,  estimate  of,   to  mayor  and  auditor,   216. 
■    fees,   etc.,   collected,   paid   to   treasurer   daily,   159,   221-225. 
impeachment,  163-165. 
journal  of  council  kept  by,   11,   37. 
oaths,    may   administer,   341. 
oath   of   office,   151. 

office  open  from  9  a.  m.  to  5  p.  m.,  30. 
ordinances,   original  rolls,   custodian  of,   37. 
papers  generally,   custodian   of,   37. 
petitions   filed,   etc.,   23. 

public   improvements,   advertise  notice   of  completion,   2,  . 
qualifications,   149. 
recall— subject    to,    22b 
records  of,  shall  be  public.  155. 
reports  by — 

to  assessor,   tax  levy,  213. 

to  council,  of  cancellation  of  bonds,  49. 

to  treasurer,   auditor  and  mayor,  5th  each  month,   37. 
reports  to — 

by  recorder.  5th  of  each  month,  41. 

by   sheriff,    5th    of   each   month,    43. 

by  pub.  wks.,   bd.  of,  of  cost  of  completed  public  improvements,  298- 
salary,    $3,000.00,    153,    233. 
seal,   custodian  of,   37. 
title  deeds,  custodian  of,  37. 
term  of  office  four  years,  168 
vacancy,  how  filled.  31. 

CLERK   OF   COUNCIL— 

clerk  of  city  and  county.  1],  37. 

CLERK   OF   COUNTY   COURT— 
see  County  Court,  131,  140. 

COMMISSION  IN  CHARGE  OF— 

library,  see  Library  Commission,   125-130. 

civil  service,  see  Civil  Service  Commission,  185-210. 

elections,  169-184. 

parks,   see  Park  Commission,  92-105. 

COMMISSIONER— 

civil  service,  see  Civil  Service  Commission,  members.  185-210. 
elections,   see  Election  Commission,    members,   169-184. 
excise,   see  Fire  and  Police  Board,   members,   64-81. 
fire,    see  Fire   and  Police   Board,    members,   64-81. 
highways,   see'  Public  Works,   Board   of,   members.   82-91. 
parks,    see    Park    Commission,    members,    92-105. 
police,   see  Fire  and  Police  Board,   members,   64-81. 
public  works,   see"  Public   Works,    Board   of,   members,   82-91. 
streets,   see  Public  Works,    Board   of,   members,   91. 
supplies,    see   Commissioner  of  Supplies,  60-62. 

COMMISSIONER  OF  SUPPLIES—      . 
advertising,    official — 

bids  for,   may  be  rejected,   62. 

contracts  for,   let  annually,   62. 

daily   newspaper  printed   in   English,   62. 

delinquent   tax   list   may  be   omitted,   62. 
appointed   by  mayor,   60. 
assistants,    63,    153-154. 
auditorium,   control  of,   when  completed,  .3.54. 


141 


References   are   to  Sections. 
'COMMISSIONER   OF   SUPPLIES— Continued, 
bids  for  supplies,   etc. — 

all  may  be  rejected,  61. 
opening-  of,  bidders  may  be  present,  61. 
bond,   $10,000.00,  152. 
bond  of  contractor  for  supplies,  61. 
contracts    awarded    on   bids,    61-62. 
contracts  of,  prepared  by  attorney,   33. 
contracts,    report  violations   of,   to   mayor.   26. 
custodian   of  public  buildings,    etc.,   60. 
deputy,  appointment  and   duties,   60. 
delinquent   tax  list,    separate   bids   for,   62. 
expenses,   estimate  of,  to  mayor  and  auditor,   216. 
fees,   etc.,   collected,    paid  to  treasurer  daily,  159.   221-225. 
purchasing-  agent,  60. 

receipt  books.  ofRcial,  furnish  to  all  officers,  224. 
removal  of,   for  non-payment  of  debts,  161. 
report  to  mayor  monthly,  61. 
report  to  mayor  inventory  in  December,  61. 
salary,   13,000.00,   payable  monthly,   153,  233. 
supplies,   requisition  for,   signed  by  head   department,   61. 
supplies,   special,   advertisement   for,    etc.,   61. 
term  of  office  four  years,   60.  « 

vacancy,   how  filled,   31. 

■COMMISSIONS— 

heads   of,    see  Departments,   Boards,   etc. 
members   of,    may  administer  oaths,   341. 

COMPETITIVE    BIDDING— 

see   Commissioner   of   Supplies,    etc. 

CONDEMNATION    PROCEEDINGS    FOR    ACQUISITION    OF— 
auditorium,   322. 
parks,   325. 
public  utilities,  262. 
sewers,  within  city  and  county,  283. 
sewers,   without  city  and  county,  290. 
streets,    322. 
viaducts   and   tunnels,    295. 

CONGRESS   PARK— 

no  portion  of,  to  be  sold  or  leased,  101. 

CONNECTIONS— 

gas   and   water,   317. 

CONSERVATORS  OF  THE  PEACE,   157,  158. 

CONTAGIOUS  DISEASES- 

Steele  Memorial   Hospital    for,   111. 

CONTEMPT— 

of  justices'   courts   (fine   $15.00).   142. 

CONTESTED   ELECTIONS— 

procedure   in,   as  by  genf-rnl   law,   1K2. 

CONTRACTS- 

appropriation  for,   must  first  be  made,   247. 

attorney  prepare,  for  all  officers,  33. 

art,  works  of,  in  relation  to,  how  made,  124. 

Cherry  creek,    changing  channel   of,  336. 

creating  debt  against  city  and  county,   how  made.   246,  247 

countersigned  by  auditor,  47. 


148 

References  are   to   Sections. 
CONTRACTS— Continued. 

Denver   Gas   &   Electric  Company   ($60.00  arc   lights),   2G.3a. 
eight  hours  a  day's  work,  must  provide,  316. 
enforcement   of,    by   mayor,    26. 
how  made,  29,  47. 

officer  or  employe  not  be  interested  in,   181. 
originals   in   custody   of  clerk   (see   also   Auditor,   47),   37. 
present  contracts  remain  in  force,  348. 
public  improvements- 
see  same,   270,   315. 

complaints  as   to  work  done,   316. 
payments   under,  316. 
registered   by  auditor,   47. 
signed  by  mayor,  29. 

viaducts  and  tunnels,   construction  of,  295. 

violations  of,   reported  to  mayor  by  heads  of  departments,   26. 
violations  of,  building  inspector  report  to  mayor  and  attorney,  63. 

CONTRACTORS— 

bonds  of,  must  be  by  surety  companies,  61,  315. 

CONVENTION— 

charter,,  proposal   for,  20,  179. 

CORONER,   44. 

bond,  $2,000.00,  152. 

contracts   of,   prepared  by   attorney,   33. 

contracts,   report  violation   of,   to  mayor,    26. 

election,   167. 

expenses,  estimate  of.   to  mayor  and  auditor,  216. 

fees,   etc.,   collected,   paid  to  treasurer  daily,   159.   221-225. 

impeachment,  163-165. 

oath   of  office,    151. 

office  open  9  a.   m.   to  5  p.  m.,   30. 

qualifications,    149. 

recall— subject  to,  22b. 

salary.   $900.00,   payable   monthly,   153,    233. 

term  of  office,  four  years,  168. 

vacancy,  how  filled,   31. 

CORPORATION— 

may  be  employed  as  expert  accountant,  243. 

COUNCIL— 

see  Aldermen,  Mayor,  Supervisors, 
administrative  power,   has  none,  16. 
act  only  by  ordinance  or  resolution,  13. 
accounting,    provide   uniform    system    of,    244. 
appointments  to  office,   may  not  make,  except,  16. 
appropriation,   make  additional   on  adoption  of  charter.   248. 

for   public   library,    $30,000.00   annually,    127. 

of  money,   power  to  make,  17. 

of  more  than  $5,000.00  to  be  advertised,  13. 

shall   make,    for  police   department   relief   fund,    240-241. 
attorney— opinions   from,    generally,    33. 

purchase   of   public*  utilities,    254. 
bills    concerning   taxation   referred    to   attorney,    33. 
bonds  of  officer,   may  add  conditions,   152. 

bonds,    funding   and    refunding,    provide    for   submission    of,    251. 
bonds,   mayor,   etc.,   certify  cancellation  of,   to  49. 
budget,  meet  in  joint  session  to  consider,  218. 
budget,  mayor's,  may  change'  by  two-thirds  vote,   218. 


149 

References  are  to   Sections. 
COUNCIL— Continued. 

Cherry  creek,   may  autiiorize   improvement   of,   320. 

Cherry  creek,  may  change  channel  of,  333. 

city  council,  successor  of  old  council  for  some  purposes.  331. 

clerk  of  city  and  county,  clerk  of,  9. 

contract,  may  not  make  until  appropriation  made,  247. 

contract  with  Denver  Gas  &   Electric  Company  for  street  arc  lamps,   263a. 

demands  against  city,   except  salaries,   approved  by,  230. 

employes,   fix  compensation  of,   generally,  153. 

enforcement  of  ordinances,  may  provide  for,   17. 

fines,   may   provide  for  infliction  of,   to   amount  of  $200.00,   17. 

gas   and   water   connections,    provide   for   enforcing,    317. 

imprisonment   for  90  days,   may  provide   for,   17. 

investigate  any  department,   power  to,  17. 

joint  session  of,  to  consider  budget,  218. 

journal  of  proceedings  shall  be  kept,  9. 

licenses,   provide   what   may  be   granted,   etc.,   71. 

licensing   saloons,    etc.,    75. 

measure,   submit  on  petition  of  voters,   21,   22,   22a,  22b,  23. 

measure,   submit  in  manner  provided   by  constitution.   20. 

meetings   of,    regular,    twice  a   month,    9. 

to    consider   budget,    joint   session,    218. 

must  be  with  open  doors,   9. 
Memorial  Day  exercises,   appropriate  $200.00  for.   249. 
nuisances,    power   to   abate   specified,   17. 

ofllces,    stationery,    etc.,    shall    provide    for    election    commissioners,    1S3. 
officers  whose  duties  are  or  may  be  fixed  by- 
assessor,    46. 

auditor,  47. 

clerk,   37. 

coroner,   44. 

county  superintendent   of  schools,    45. 

sheriff,    42. 

treasurer,    59. 

justices'    courts,    clerks  of,   146. 
ordinances — 

act  only  by,   in   what  cases,   13. 

amendment  of,   must  be  in  full,   13. 

assessing  cost  of  public  improvements,  300. 

appropriating  $5,000.00  must  first   be  published,   13. 

board    of    public    works,    authorizing    public    improvements,    may    no' 
change,  271. 

board    public    works,    assessing    cost    public    improvement,     may    not 
change,    300,    305. 

concerning  taxation   must   be  submitted   to  attorney,   33. 

enforcement   of,    power   to   provide   for   specified,    17. 

park   commissioners,    assessing  cost   of  parks,    etc.,    may   not   change. 
305. 

petition  foi-.  by  per  cent,  voters,  passed  or  submitted,  22. 

presented  to  mayor  in  24  hours  from  passage,  15. 

publication   of,   in  newspaper   or  book   form,   13. 
Public  Utilities  Commission — bond  recommendations — must  pass,  264a. 

style  of,  14. 

veto  of,  passage  over  veto,  15. 
park   commission,   rules   of,    provide   for  enforcement   of,   99. 
payment  of  bills,  not  order  in  excess  of  appropriation,  246. 
Platte  river,   may  provide  for  improvement  of,  321. 
police  department   relief  fund,   shall   establish,   239. 
police  department,    relief   fund,    appropriation   for.   240-247. 
powers,  general  grant  of.  4. 


150 

References  are  to  Sections. 
COUNCIL— Continued. 

powers,  specific  grant  of,  17. 
public  improvements- 
authorize  construction  of,  271. 

assess  the  cost  of  construction,  300. 

bonds  for,   may  guarantee  by   two-thirds  vote,   313. 

findings  concerning  ordering  of  same  final,   272,   9. 
public  library,   appropriate  $30,000.00  for,   annually,   127. 
public  utilities,  purchase  or  construction  of— 

ask  attorney's  opinion,   when,   255. 

direct  investigation  by  board  public   works,    when,   252. 

if  acquired  fix  rates  of  service  on,  263. 
recall— subject   to,   22b. 
records  of,  kept  by  clerk,  37. 

records  of  transcripts  evidence  in  all  courts,   38. 
reports,   receive    or   may   require   from— 

attorney,   35. 

auditor,  as  required,  47. 

auditor,   January  15th  and  June  30th,   50. 

auditor  and  clerk,   certificate   of  cancellation  of  bonds.   49. 

clerk  county  court,   February  1st,   i40. 

mayor,    inventory   city   property   in    December,    Gl. 

public  works,   board   of,   purchase  public  utilities,    254. 
reports,  uniform  system  of,  to  be  provided,  244. 
saloons,   etc.,   may  regulate,   etc.,  75. 

sidewalks,   provide  for  construction  without  districts,   280. 
seal,   may  provide  for.   39. 
sewer,  assessment  invalid,  fix  amount  to  be  paid  before  connection  can  be 

made,  292. 
sewer,   compel  connection  with,  288. 
sewer  district,  establish  by  two-thirds  vote,  284. 
special    election,    when   order,    initiative,    referendum   and   recall,    2'.    22,    22a. 

22b,  23. 
Steele  Memorial   Hospital,   maintenance   of.    111. 
suits,    may  direct  attorney  to   bring,   33. 
tax  levy,   fixing  and  limitation  of,   212. 
treasurer's  bond,  approve,  57. 

viaducts  and  tunnels,   may  require  railroads  to  construct,   297. 
witnesses,   may  compel   attendance  of,   17. 

COUNTY    COURT,    120,    131-140. 

appoint— 

clerk   and   deputies,    133. 
probation  officer,  133. 
superintendent   detention    school,   120. 

baililf,   how  appointed,  133. 

cases,   assignment   of,   to   divisions,   138. 

clerk- 
appointed   by  judges,   133. 
bond,   $10,000.00,   152. 
report  of,   to  mayor,   140. 
salary,  $3,000.00,   153,  233. 

county  court  Arapahoe  county,   etc.,   successor  of.   352. 

deputy  clerks,  how  appointed,  133. 

detention   school,    appoint   superintendent  of,    120. 

divisions  of,  138. 

fees   collected,   paid   to   treasurer  monthly.   159. 

judges- 
appoint  stenographer,   bailiff  and  division  clerk,   133. 
bond,  $10,000.00,  152. 


151 


References   are   to   Sections. 
COUNTY   COURT,   120,   131-140— Continued, 
judges— continued. 

contracts,    report    violation    of   to   mayor,    26. 

county  judge  perform  duties  of,  156. 

election,    139,    167. 

en  banc,   may  sit,  134. 

estimate    of   expenses    to    mayor   and    auditor,    216. 

impeachment,   163,    165. 

number  of,    two,   131. 

oath  of  office,   151. 

qualifications,   131,    149. 

removal  from  office,  165. 

salary,   $4,600.00,   153,   233. 

term  of  office,   four  years,    139,   168. 

vacancies,   how  filled,   31,   139. 
jurisdiction  of,   132. 

jurisdiction  of,    in   impeachment   of  supervisors,   164. 
jurors  in,   how  summoned,  138. 
juvenile   court,    shall   constitute, 
records  of,   how  kept,  137. 
rules  of— 

how  made,  134. 

may  provide  for   what,   136. 
stenographer — 

how   appointed,   133. 

salary,   $2,000.00.  153. 
superintendent  of  detention  school,  appoint,  120. 

COUNTY   OFFICERS— 

who   perform   duties   of,   156. 

COUNTY   SUPERINTENDENT   OF   SCHOOLS,    45. 
assistants,   appointment   of,    etc.,   154. 
bond,   $1,000.00,   152. 

contracts  of,   prepared   by  attorney,   33. 
contracts,  report  violation  of  to  mayor,  26. 
election,   167. 

expenses,  estimate  of,   to  mayor  and  auditor,  216. 
fees,    etc.,   collected,   paid   to   treasurer  daily.   159.   221-225. 
impeachment,   163-165. 
oath  of  office,  151. 
office   open   9   a.    m.    to   5   p.    m.,    30. 
qualifications,    149. 
recall— subject  to,  22b. 
records,   shall    be   public,    155. 
.salary,   $900.00,    payable   monthly,   153,    233. 
term  of  office,  four  years,  168., 
vacancy,  how  filled,  31. 

COUNTY  SURVEYOR— 

papers  of,   belonging  to  city  and   county.  90. 

COURTS— 

county   court,    see   same,    131-140. 

evidence  in,  copies  of  records  in  clerk's  office,  38. 

evidence  in,   ordinances,   proof  of,  338. 

evidence   in,   account   stated,   auditor's,   23:i. 

evidence  in,  remonstrance  to  purchase  of  parks, *328. 

justices'   courts,    see   same,    141. 

police  magistrates'  courts,   see  same,  251. 


ir.2 

References  are  to   Sections. 

CUSTODIAN- 

public    buildings   and    personal    property   not    in   use,    commissioner   of   sup- 
plies. 60. 
public  records,   contracts,   etc.,   clerk,    37. 
public  moneys,   treasurer,   51. 

plats,  maps,  etc.,  city  engineer,  board  public  works.  90. 
stolen   goods,    salary.    $], 260.00,    153. 

D 

DAMAGES— 

examination  of   injured  person  before  trial,   343. 

liability  of  third  persons  to  city,  344. 

notice  required  before  suit,  342. 

penalty  for  refusal  to  submit  to  examination,  343. 

DAY   LABOR— 

may  be  employed  on  public  improvements  except  in  case  of  special  asse-.-s 

ment,   270. 
may  be  employed   on   sidewalks   not   in   sidewalk   districts.    280. 

DEEDS— 

recorder  of,  see  Recorder,  40. 
to  public  property,   execution  of.   29. 
custody  of,  clerk  have,  37. 

DEBTS— 

not  to  be  contracted  until  money  appropriated,  246. 

DECORATION  DAT- 
exercises,    $200   annually,    249. 

DEFINITIONS— 

"employe,"   153. 
"frontage,"   of  lots,  273. 
"paving,"  272. 
"qualified  elector,"  264a. 
"real   estate,"   277. 
"street,"    277. 
"tunnel,"  293. 

"tax-paying  elector,"  250,  257. 
"work  of  art,"  123. 

DELINQUENT   TAX   LIST— 
publication   of,    62. 

DENVER  GAS  &  ELECTRIC   COMPANY— 
contract  for  street  arc  lamps,  263a. 
may  purchase  property  of  Lacombe  Electric  Co.— proviso.  263a. 

DEPARTMENTS,    BOARDS  AND  COMMISSIONS— 
appointment  of,   unless  otherwise   provided,   150. 
funds  of,   weekly  report  from  auditor.  47. 
heads  of— 

assistants,   may  employ,  154. 

contr9,cts,   report  violation   of,   to  mayor,   26. 

contracts   of,   prepared   by  attorney,   33. 

expenses,   estimate  of,   to  mayor  and  auditor,   216. 
qualifications  of  members,  150. 
records,   shall  keep  and  shall  be  public,  155. 
rules  of,   how   made',   32. 
vacancies  in,   how  filled,  31. 

DEPARTMENTS,    HEADS   OF— 
may   administer   oaths,   341. 


153 


References  are    to   Sections. 

DEPARTMENTS,    SUMMARY    OF— 
art,   see  Art   Commission,  121-124. 
auditorium,    354. 

boundaries,    see   Boundaries,   1-3. 
Cherry   creek,    changing   channel   of,    333-337. 
charity   and  correction,   see  Charity  and   Correction,   113-120. 
civil   service,    see   Civil   Service   Commission,   1S5-210. 
elections,   see  Elections  and  Election   Commission,   166-1884. 
executive,   see  Mayor,   Sheriff,   etc.,  24-63. 
finance   and  taxation,    see   Finance  and   Taxation,    211-251. 
fire,  police  and  excise,   see  Fire  and  Police  Board,  64-81. 
health,    see  Health   Commissioner,   106-112. 
judicial,   see  County  Court  and  Justices'   Courts,   131-148. 
legislative,    see   Aldermen,    Council   and   Supervisors,    4-23. 
libraries,    see   Library   Commission,    125-130. 
offices  and  salaries.  149-165. 
parks,  see  Park  Commission,   92-105. 
police,   see  Fire  and  Police   Board,   64-81. 
police  relief  fund,  239-241. 

public  utilities  and  works,   see  Public  Works,  82-91. 
public   utilities  and  works,   see  Public   Utilities,   252-269. 
public  improvements,   see   Public    Improvements,   270-332. 
rights  and  liabilities,  338-347. 
schedule,    348-353. 
supplies,    see    Commissioner    of    Supplies,    60-62. 

DETECTIVE    DEPARTMENT— 
abolished,   153a. 
who  perform  duties,  153a. 
become  patrolmen,   l-53a. 

DETENTION  SCHOOL— 

see  Charity  and  Correction,  120. 

DISEASES— 

contagious,  council  maintain  Steele  Hospital  for,  111. 

DISTANCE— 

of   buildings   from   park   and   parkways,    100. 

DISTRICTS— 

Cherry  creek  improvement,   320. 

election,   353. 

park,    323. 

paving,    construction    of,    272. 

Platte   river,    improvement   of,    321. 

public  improvements  (see  same,  generally),  270. 

sewers,    construction    of,    sanitary,    storm,    etc.,    2S4. 

sidewalks,    construction   of,   278. 

suburban  improvement,  construction  of,  319. 

supervisors,  election  of,  3. 

viaducts  and  tunnels,  construction  of,  293. 

DITCH— 

city,  park  commission  control  of,  99. 

E 
EASEMENTS— 

how   acquired,   262. 

EIGHT   HOURS— 

ya  day's  work  under  all  city  contracts,  .316. 


154 

References  are   to  Sections. 

ELECTION    COMMISSION.    169-184. 
assistants,   153,  154,  183. 
candidates   for — 

names  of,   on  one  ticket  only,  172. 

names  of  two  candidates  only  on  one   ticket.   172. 
canvass  returns  in  five  days,   176. 
certificate  of  election  issued  by,  176. 
contracts  of,  prepared  by  attorney,  33. 
contracts,  report  violation  of,  to  mayor.   26. 
county  clerk,    perform   election  duties  of,  156. 
county    supervisors,    perform    election   duties    of,    156. 
expenses,   estimate   of,   to   mayor  and  auditor,    216. 
initiative,   referendum  and  recall,   examine  petition  for,   23. 
justices  of  the  peace,   perform  election  duties  of,  156. 
members — 

each  appoint  one  judge  in  each  precinct,  174. 

election,   170.    172. 

impeachment,  163-165. 

number  of  three,  170. 

oath  of  office,  151. 

oaths,   may  administer,  341. 

qualifications,   149,  171. 

salary,   $1,000.00,   payable   monthly.   153,    233. 

temporary   commission.    169. 

term  of  office,  four  years.  168. 

vacancy,    how   filled,    173. 
recall— subject    to.    22b. 
supplies,  etc.,   for,  how  furnished,  183. 
temporary  commission,   members   of.   169. 
temporary  commission,   powers  of   (special).   175. 
tie  vote,  how  determined,  177. 

ELECTION  CONTESTS— 
procedure   in,    182. 

ELECTION  JUDGES  AND   CLERKS- 
how   appointed,    174. 

ELECTIONS— 

see  also  Officers, 
aldermen — 

board    of,    judge    of    qualifications,    election    and    returns    of    its    own 
members,   10. 

elected  one  from  each  ward.  7. 

president  of  board,   elected  by   ballot.    7. 
auditorium   bonds,    354. 

certificates  of,    issued   by   election   commissioner.   176. 
charter  amendments,  etc.,  20,  179. 
contests  before  county  court,   182. 
districts  remain  until  changed,  353. 
finding  and  refunding  bonds,  251. 
general,  third  Tuesday  in  May,  even  years,  166. 
Initiative,   referendum  and  recall,  20,  21,  22,  22a,  22b.  23. 
officers  elected.   167. 
precincts  remain  until  changed,   353. 
registration,  etc.,  general  laws  apply,  178. 
special,  see  Initiative.  Referendum  and  Recall.  20,  21,  22.  22a.  22b,  23. 


155 

References  are  to  Sections. 
ELECTIONS— Continued. 

supervisors,    board  of — 

classes  of,   how  determined,   6. 

judge  of  qualifications,   election  and   returns   of  its  members,   10. 
one   from  each   supervisor   district,   6. 
president  of,  elected  by  ballot,  6. 
tie  vote,  how  decided,  177. 

ELECTION  OF  OFFICERS— 
general  provision,  167. 

ELECTOR— 

qualified  elector,   264a. 
tax-paying,    definition,    250,   257. 

ELECTRIC  WIRING  AND  PLUMBING— 

inspectors  of,   report   to  building  inspector,   63. 

ELECTRICIAN— 

appointed  by  mayor,  63. 

assistants,  63,  154. 

bond,  152. 

contracts  of,  prepared  by  attorney,  33. 

contracts,   report  violation   of  to   mayor,    26. 

expenses,   estimate  of  to  mayor  and  auditor,  216. 

fees,   etc.,   collected,   paid  to   treasurer  daily,   159,   221-225. 

oath  of   office,   151. 

office  open  9  a.  m.  to  5  p.  m.,  30. 

qualifications,   150. 

removal  of,  for  nonpayment  of  debts,  161. 

salary,   $2,500.00,   payable'  monthly,   153-233. 

term  of  office  four  years,  63. 

ELEVATOR   INSPECTOR- 

see  Boiler  and  Elevator  Inspector,  63. 

EMINENT    DOMAIN— 

see   Condemnation   Proceedings,   also   322. 

EMPLOYES— 

definition  of,  153. 

lists   of,   kept  by  auditor,    37. 

pay   bills  for   family   necessities,    penalty   removal,    161. 

persons    constituting,    153. 

ENGINEER— 

'      see  Public  Works,   Board  of,  82-91. 

ENGINEERING    BUREAU,    89-90. 

EVIDENCE— 

accounts    stated   shall   be   prima   facie,    232. 

copies  of  records  in  clerk's  office  shall   constitute,   38. 

personal  injury  cases,   343. 

published  ordinances  constitute,  338. 

EXCAVATIONS  IN  STREETS— 
permits,   etc.,   for,  83,   84. 

EXCISE— 

see  Fire  and  Police  Board,  64-81. 

EXECUTIVE   DEPARTMENT— 
see  Departments,    24-1.30. 

EXPENDITURES— 

how  authorized,  13,  17. 

how  authorized,   if  of  more  than  .115,000.00,  13. 


150 


F 
References  are  to   Sections. 
FAMILY   NECESSITIES— 

payment  for  by  appointive  officers,  etc.,  161. 

FEES,  221-233. 

after    business   hours,    none,    221. 
certificates  of  public  records,  37. 
collected  by  offices  to  whom  allowed.  159,   222. 
licenses — 

liquor,   in  annexed  municipalities,   SO. 

paid  to   treasurer  in  advance',    73. 

transfer  of,  fee  for,  74. 

uniform  fee  for  liquor  licenses.  $600.00.   75. 
officers — 

after  business   hours,    none,   221. 

collect  fees  in  advance,  159-222. 

mileage,  228. 

pay  to  treasurer  daily,  223. 

pay  to  treasurer  monthly,  223. 

report  monthly,  227. 

receipts  for,  official,  223,  225. 
paid   in  advance,    73,    222. 
paid  to  treasurer   daily,   159,   221-222. 
paid  to  treasurer,  222. 
receipts  for,    official,   223-225. 
reports  of,  monthly  to  auditor,  227. 

treasurer,   place  money  in   "unapportioned   fee   fund."   223. 
"unapportione'd  fee  fund,"  223-227. 

FEMALES— 

not  permitted   in   wine  room,   7S. 

FINANCE   AND   TAXATION— 

see  also  "Funds"  and  particular  subjects. 

accounting,  how  secured,  243. 

accounting,    uniform   system   of,    244. 

accounts  of  officers  settled  by  auditor,  227. 

assessment  roll  certified  by  assessor  to  council,   213. 

assessment  roll  certified  by  clerk  to  treasurer.  213. 

assessment   roll,   special   assesment,   prepared   by   auditor.   302. 

audit  of  accounts,    auditors   by  mayor,   230. 

audit  of  accounts,  generally  by  auditor,  230. 

bill   for  referred   to  attorney  for   opinions,   .33. 

bonds,   see  Bonds,  Public   Improvements,    etc. 

budget — 

council    to  adopt  in   December,   21S. 

filed  with  auditor,   219. 

interest  and  sinking  fund  to  be  paid  from  tax,  220. 

mayor  to  council,  first  Monday  in  December.  217. 

mayor's,   change  in  require  two-thirds  vote,  218. 

not  to  exceed  90  per  cent,   estimated   revenue,   219. 
custodian  of  public  moneys,   treasurer,   221. 
demands  against  city  and  county- 
approved  by  council,  except   salaries   fixed,   230. 

verification  of,   etc.,  229. 
employe,   discharge   of,   reported   to   auditor   in  24  hours,    231. 
expenses,   estimate  of  by  each  department  to  mayor,   216. 
expenses,  estimate  of  for  interest  and  sinking  fund,  216. 
expert  accountant  appointed  by  mayor,   243. 
fees,  etc.,  collected,  paid  to  treasurer  daily,   except.   223. 
fees,   etc.,    collected,    report   of  to   auditor  5th   each   month.    227 


157 

Reference's   are  to  Sections 

FINANCE   AND   TAXATION— Continued. 

fiscal  year  commences  January  1,  211. 

funds,    see    "Funds,"   etc.,   234-23S. 

funds,   expenditure  of  monthly,   245. 

indebtedness  of  city  and  county- 
appropriation   for   necessary    to   validate,    247. 
limitation  of,   3  per  cent,   assessed  valuation,  250. 
ordinance  authorizing,   when  irrepealable,   250. 

interest  to  be  paid  from  tax  on  property,  220. 

limitation  of  tax   levy,   15  mills,   except  public   improvement.    212. 

Memorial   Day,    appropriation   for,   $300.00,    249. 

mileage  of  officers,   reports  of,  228. 

moneys  due  city  and  county,   how  collected,   232. 

officers   report  amount   moneys   collected   5th   each   month.   227. 

officers  report  mileage  charged,   etc.,   monthly,   228. 

officers  report  to  auditor  as  to  special  employes,   229. 

receipts,   official,   supplied  by  commissioner  supplies.   224. 

receipts,    official,   stubs  of  delivered   to  auditor,   224,   226. 

receipts,   official,   when  to   be  given,   225. 

refunding  bonds,  submission  of  to  vote,  251. 

reports,  all  officers,  5th  each  month  to  auditor,  227. 

salaries,  generally,   see  "Salaries,"  153. 

salaries,  audited  and  allowed.  230. 

salaries,  payable  monthly.   233. 

stated  accounts  by  auditor,   232. 

sinking  fund,  paid  from  tax  on  property,  220. 

taxes  collected  by  treasurer  under  general  law,   214 

tax  levy,   council   make,   clerk   certify  to   treasurer,   212.   213. 

unapportioned  fee  fund- 
apportionment   of,    how    made,    227. 
consists   of  what   moneys,    223. 

FINES,    FORFEITURES,    ETC.— 

appeals   from   to   county   court   from  justices,    etc.,   144,   340. 

charter,   violation  of,   misdemeanor,    $100.00  and  three  months,  34(_». 

civil  service,  violation  of,   $100.00  and  thirty  days,  210. 

council   provide  for  enforcing  ordinances,    $300.00  and  ninety   days,   17. 

depository  bank,   failure  to  make  quarterly  report,  $500.00,   58. 

jurisdiction  original  and  exclusive  in  justice's  court.  142.  340. 

posse  comitatus,  refusal  to  obey  mayor's  call  for,   27. 

selling  liquor  without  license,   $10.00  to  $100.00  and  ten   to   thirty   days,   79. 

treasurer,   failure   to  report,  $500.00.   55. 

FIRE  AND  POLICE   BOARD,   64-81. 
appointed   by  mayor,  64. 
appointments  by — 

assistants   generally,   64. 

excise  officers,   72. 

firemen,    etc.,    66. 

policemen,   etc.,   65. 

secretary,   64. 
assistants,   apointment  of,  64. 

chief  of  the  fire  department,  appointment  of,   66. 
chief  of  the  fire   department,   .salary  $3,600.00,   1.j3a. 
chief  of  police,  appointment  of,  65. 
chief  of  police,  not  under  civil  service,   192. 
chief  of  police,   salary  $3,600.00,   15.3a. 
chief  of  police,  removal  of,  65,  161. 
civil  service,   department  under,  192. 

commissioners  of  excise,   fire  and  police  (see  members  hereunder),  64. 
contracts  of,  prepared  by  attorney,  33. 


158 


References   are  to  Sections. 

FIRE  AND  POLICE  BOARD,  64-Sl— Continued. 

contracts  of,  report  violation  of  to  mayor,  26. 

contracts  of,  police  stations   and  fire  houses,   erection   of,   etc.,  68. 

deputy  police  chief,  salary  $2,400.00,  153a. 

deputy  tire  chief,   salary  $2,400.00,   153a. 

duties  of,  64-81. 

employes,   appointment  of,   see  also  Civil  Service   Commission.    64,   192.. 

removal  of,  161,  204. 
expenses,  estimate  of  to  mayor  and  auditor,   216. 
expenses,  full  control  of  within  appropriation,  67. 
fees,  etc.,   collected  paid  to  treasurer  daily,   159,  221-225. 
fire  department,  66. 
firemen,   etc.,   appointment  of,   66,   204. 

grades,    153a. 

removal   of,   161,   204. 

salary  of,  153. 
firemen,    etc.,   temporarily  disabled,    full   pay,  162. 
firemen,  vacation,  15  days  with  full  pay,   162. 
firemen's  pension  fund,  242. 
gambling,   etc.,   suppression   of,   65. 
licenses,  full  power  to  grant,  70,  73. 

licenses,  bills  for  ordinances  concerning,   referred  to  attorney,  33. 
licenses,    liquor,   sale  of— 

council  provide  for,  by  ordinance,  75. 

fees   for  ($600.00),   must  be  paid  before   issuance  of,   73-75. 

petition  by  property  owners   in  block,   75. 

record  of  kept  by  board,  72. 

transfer  of,  fee  $10.00,  74. 

two   convictions,   no  new  license   to  be   Issued,   70. 
members — 

appointed  by  mayor,  64. 

arrests  by,   with  or  without  process,  157. 

bonds  of  $5,000.00  each,  152. 

excise,  commissioner,  president  of  board,  64. 

e'xcise,  commissioner  reports  to,   by  policemen,   79. 

excise,   commissioner  salary  $3,000.00,   payable  monthly,   153- 

fire  commissioner,    salary   $2,500.00,   153. 

oath  of  office  of,  151. 

police  commissioner,  salary  $2,500.00,  163. 

political  faith  of  one  different  from  other  two,  64. 

removal   from  office,   64,   161. 

term  of  office,  four  years,  64. 
oflJices  of,  how  furnished,  64. 
offices  of  open  9  a.  m.  to  5  p.  m.,  30. 
police  department   relief  fund,   239-240. 
police  force,  how  constituted,  65. 
police  oflficer — 

appointment  of,  64,  192-204. 

duties  of,  65,   79. 

grades,  153a. 

number  of  (1  to  1,000  population),   153. 

relief  of,  239. 

removal  of,  161,  204. 

salaries  of,  153. 

special,   appointment  of,  69. 

temporarily  disabled,   full  pay,  162. 

vacation,  15  days  with  full  pay,  162. 
president,   commissioner  of  excise,    64. 
president,   oaths,   may  administer,   341. 


159 


References   are  to  Sections. 

li'IRE    AND  POLICE  BOARD,    64-81— Continued, 
prize  fights,  etc.,  prohibited,   65. 
purchase'  sites  for  police  and  fire  stations,   68. 
records  of  shall  be  public,  155. 
rules  of  office,  how  made,  32. 
secretary  of,  salary  $1,800.00,  64.  233. 
vacation,   all  members  department  fifteen   days,   full   pay,   162. 

FIRE  COMMISSIONERS— 

see  Fire  and  Police  Board,  64-81,  152-153. 
fireman's  pension  fund,  242. 

FIRE  WARDENS— 

report  to  building  inspector,   63. 

FISCAL,  YEAR— 

January  1  to  December  31,  211. 

FLOATING  INDEBTEDNESS— 
refunding  of,  251. 

FRANCHISES,    265-2«9.. 

bill  for  referred  to  attorney,   33. 

charges,  public  utility  corporations,  20-23,  268. 

council  grant  license  or  permit,  269. 

exclusive,   may   not  be   granted,   267. 

grant  of,  how  made,  265-267. 

limitations,   twenty  years,   etc.,   266. 

ordinance,   submitting,   advertisement  of,   thirty  daj's,   267. 

permit  or  license,  council  may  grant,  269. 

parks,  for  special  privileges  in,  not  to  be  granted.  99. 

FUNDS— 

see  also  Finance  and  Taxation,  234-242. 

bonded  indebtedness,   interest,   236. 

records  of,  kept  by  auditor,  47. 

statements  of,   weekly,   to  heads  of  departments,  47. 

firemen's  pension,  242. 

to  keep  account   with   each    fund,   53. 

warrants  on,   how  paid,  53. 

park,   236. 

park  district  funds  kept  separate,  329. 

park  quarterly  statement  or,  56. 

police   department  relief,   239-241. 

deposit  of,  bank,  bond  of,  58. 

appropriation    for,    240. 

composition  of,  240. 

custodian,   treasurer,  241. 

disposition   of,   239. 

investment   of,    241. 

not  to  be  transferred,  241. 
public  library,  236. 

sinking,    236,   238.  ^ 

special   deposit,   23S. 
unapportioned  fee  fund,   apportionment  of,   227. 

how  constituted,  223. 

G 

■GAMBLING— 

suppression    of,    65. 

•GAS  AND  WATER   CONNECTIONS- 
before    paving,    317. 


IGO 


References  are  to  Sections. 

GENERAL  LAW  IN  FORCE  CONCERNING— 
condemnation  proceedings,   auditorium,   322. 
condemnation    proceedings,    parks,    325. 
condemnation  proceedings,  streets,  etc.,  322. 
election  contests,  182. 
elections,  178. 
fireman's  relief  fund,  242. 
liquor  traffic,   81. 
municipal  court,  141. 
taxes,   collection,  payment,   etc.,   214,  215. 

GENERAL    PENALTY    CLAUSE— 
fine  and  imprisonment,  340. 

GLOVE  CONTEST— 

in  the  nature  of  a  prize  fight,  police  not  permit,  65. 

GRADES— 

see  Public  Works,   Board  of,  exclusive  power,  84. 

GRAND  ARMY  CEMETERY— 

care  of  graves,  $200  annually,  249. 

GUARANTEES  FOR   PAVING,   ETC.,   272-7. 

H 

HEALTH— 

see  Health  Commissioner,   106-112. 

HEALTH   COMMISSIONER,   106-112. 
appointed  by  mayor,   106. 
arrests,  power  to  make,  158. 
assistants,   154. 
bonds,  152. 

city  and  county  hospital,   control  of,  106,  110. 
city  and  county  physicians,  appointed  by.  110. 
city  dumps,   charge  of,  158. 
contracts  of,  prepared  by  attorney,  33. 
contracts,  report  violation  of  to  mayor,  26. 
conservator  of  the  peace,  158. 
enter  dwelling  on  warrant  from  justice,  lO'V. 
expenses,   estimate  of  to  mayor  and  auditor,   216. 
fees,  etc.,  collected,  paid  to  treasurer  daily,  159,  221-225. 
garbage,   control  removal  of,  106. 
oath  of  office,   151. 
oaths,   may  administer,   341. 
office  open  9  a.  m.  to  5  p.  m.,  30. 
qualifications,    150. 

removal  of  for  nonpayment  of  debts,   161. 
records,   public,   155. 
reports,  publish  same,  112. 

HEALTH  COMMISSIONER,   106-112-Continued. 
rules  of  office,  how  made,  32. 
salary,   $4,000.00,   payable  monthly,   153,   233. 
sanitary  supervision  of,  106. 
Steele  Memorial  Hospital,  have  charge  of,  106. 
term  of  office  four  years,  106. 
vacancy,  how  filled,  31. 

violation  of  contracts,   report  to  mayor.  26. 
visiting  staff,  109. 

HIGHWAYS    COMMISSIONER— 

see  Public  Works,  Board  of,  91. 


IGl 

References  are   to  Sections. 
HOSPITALS— 

city  and  county,   106. 
enlargement  of,  etc.,  111. 
resident  physicians  in,  110. 
Steele  Memorial,  charge  of,  106. 

I 

IMPEACHMENT,   163-165. 

aldermen,   board  of,   may  prefer,  163. 

articles  of,  by  mayor  and  board  of  aldermeii,  163. 

attorney  prosecute,   164. 

elective  officers,   may  be  impeached,  165. 

grounds  of  impeachment,  165. 

punishment   on   conviction,   165. 

supervisors  try  impeachments,  164. 

trial- 
county  judge  preside,  164. 

questions  of  fact  decided  by  supervisors  164. 
questions  of  law  decided  by  judge,  164. 
of  supervisor  before  county  court,  164. 
vote  necessary   to  convict   (5),  164. 

INDEBTEDNESS— 

see    Bonded    Indebtedness,    Bonds,    Public    Improvements,    Parks,    Library, 
etc. 

INCOME  AND  REVENUE— 
apportionment  of,   234. 

INITIATIVE,    REFERENDUM    AND    RECALL— 
general   provisions,   20. 
initiative — 

signatures  required,  S**,  submitted  at  next  municipal  election,  22. 

signatures  required,   15j^,   submitted  at  special  election,   22. 

publication,  22. 

ordinance   adopted   by   people    shall   not   be  amended   nor   repealed   by 
council,  22. 
referendum — 

ordinance  passed  by   council,   take  effect  thirty  days,   exceptions,  21 

petition,  how  filed,  21. 

signatures    required,    21. 

council  call  election,  when,  21. 

ordinance  defeated  by  people,   shall   not  be  passed  by  council,   21. 
procedure — 

ballot,  wording  of,  22a. 

adoption,  majority  for,  22a. 

inconsistent  measures,   22a. 

elections,  how  held,  22a. 

registration,   22a. 
recall—  s 

any  officer  subject  thereto,  22b. 

petition,  25;^  of  total  vote  cast,  22b. 

special  elections,  how  held.  22b. 

grounds  for  recall,   22b. 

candidates- 
officer  on   ballot,   22b. 
other  nominations,  22b. 
who   elected,   22b. 


1G2 

References  are  to   Sections. 

INITIATIVE,      REFERENDUM    AND    RECALL— Continued, 
petitions — 

form  of.   2,"?. 

.filed    witfi    city    clerlt,    23. 

transmitted  to  election  commission,  23. 

.'sufficient  petition,    protest,   23. 

insufficient   petition,   how  corrected,   23. 

elerli   transmit   petition   to   council,    23. 

council  call  an  election,   23. 

finding-  of  election   commission   subject    to   review   by   court,    23. 

INJURIES   TO   PERSONS— 

examination  of  plaintiff,   343. 

notice  of  to  city  within  sixty  days,  342. 

right  of  city  to  recover  against  third  person,   344. 

INSPECTION,    63. 

INSTALMENTS— 

see  Public  Improvements. 

INTEREST— 

generally  not  to   exceed   six   per  cent.,   304. 

certificates  for  laying  sidewalks  not  in  districts,  1  per  cent,   per  mo..  2S0. 

installment  for  pub.  imp.  not  paid  when  due,  1  per  cent,   per  mo.,  306. 

payable'  from  tax  on  property,  220. 

public  utility   bonds  not  to  exceed  4  per   cent,   per  annum,   259. 

treasurer  pay  without  warrant,   54. 

INTERMENT  OF   DEAD— 

within  city  limits,   forbidden. 

INVENTORY— 

all  city  property  in  December  by  commissioner  of  supplies,  60. 
all  city  property  in  report  of  to  mayor  and  council,  61. 


JAIL— 

children  under  sixteen  not  to  be  kept  in,  120. 

JOURNAL  OF   COUNCIL— 

bonds   cancelled,    certificate   of  clerk  incorporated   in,   49. 
clerk  of  city  and  county  shall  keep,   11,  37. 
transcript  of  shall  be  evidence  in  all  courts,   38. 

JUDICIAL  DEPARTMENT— 

see  County  Court,  131-140,  352. 

see  Justice's  Court,  141-148,  352. 

see  Police'  Magistrate's  Courts,   351. 

JUDGMENT— 

for  personal  injuries,   city  have  right  against  negligent  person,   344. 
JURISDICTION— 

see  County  Court,  132. 

see  Fire  and  Police  Board,    65. 
JURORS— 

county  court,   how  drawn,   138. 

JURY   SERVICE— 

members  of  council   exempt  from,  8. 


1(J3 

References  are  to  Sections. 

JUSTICES'  COURTS,  141. 

fees  collected  paid  to  treasurer  daily,   1.59,   221-225. 
justices  of  tlie  peace.   141. 

election,    167. 

impeachment,  163-165. 

oath  of  office,  151. 

qualifications,    141.  • 

removal   from    office,    165. 

salary,  $2,000.00,  153. 

term  of  office,  two  years,  41. 

vacancy,   31.  .    • 

records,    public,    155. 

JUSTICES   OF   THE   PEACE— 
see  Justices'   Courts. 

JUVENILE  COURT— 

appoint    superintendent    detention    school,    120. 

see  also   County  Court,   131-140.  • 

L 

LACOMBE    ELECTRIC    CO.—  , 

city  released  from  contract,   263a. 

LAND— 

see  Real  Estate. 

LAW   DEPARTMENT—  , 

see   Attorney,   33-36.  .' 

LEGAL  PROCESS— 

served  on  mayor,  2. 

LEGISLATIVE  DEPARTMENT— 

see  Aldermen,   Board  of.  Supervisors,   Board  of.   Mayor,   Ordinances,   Coun- 
cil. '. 

LEGISLATIVE  POWER— 
vested  in  council,  4. 
veto  by  mayor,   15. 

LIABILITIES    AND    ASSETS— 

tables  of,  kept  by  auditor,  47. 

LIABILITY  FOR  INJURIES— 
only  wheti  notice  given,  342. 
examination  of  plaintiff,   343. 
recover  against  third  parties,   344. 

LIBRARY    COMMISSION,    125-130.  i 

appointed  by  mayor,  125. 

contracts  of,  prepared  by  attorney,  33. 

contracts,    report   violation   of,    to    mayor,   26. 

expenses,   estimate  of,  to  mayor  and  auditor,   216. 

funds  of,   exclusive  control  of,   126. 

gifts  and  trusts,  may  administer,  126. 

members- 
appointed  by   mayor,   125.  ' 
classes,  two,  four,  six  and  eight  years.   125.                                            ' 
number  of,   eight,  125.                                                                                           i 
oath  of  office,  151. 
oaths,   may  administer,  341. 
qualifications,  125,  150. 
removal  of,  nonpayment  of   debts,   161. 
salary,  none,  125. 


1()4 

References   are  to  Sections. 

LIBRARY  COMMISSION",   125-130— Continued, 
members— continued. 

term  of  office,    eight  years,   125. 

vacancy,  how  filled,   31. 

women,  two  shall  be,  125. 
north  side  reading  room  to  be  maintained,  129. 
public  library,    exclusive  charge  of,   126. 
public  library  fund,  exclusive  charge  of,  126. 
public  library,  shall  be  conducted  on  open-shelf  system,   128. 
records  of,  shall  be  public,  155. 
reports,  annual,  to  mayor,  130. 
rules  of  office,  how  made,  etc.,  32,  126. 
South   Platte  library  to  be   maintained,   129. 

LIBRARY   FUND— 

council  appropriate  $30,000.00  annually,   127. 
exclusive  control  in  commission,  126. 

LICENSE   INSPECTORS— 

appointed   by  auditor,   72. 
arrests,   may   make,    72. 

LICENSES,  70-81. 

collection  of  fees  by  license  inspectors,  72. 

council  provide  by  ordinance  for  issue  of,  71. 

fee  paid  to  treasurer  before  issue  of,  73. 

issued  by  fire  and  police  board,  70. 

liquor,  see  Fire  and  Police  Board   (liquor  licenses),   70-81. 

transfer  of  (liquor  licenses),   74. 

LIEN  ON"  REAL  ESTATE— 

for  public  improvements,  see  Public  Improvements. 

LIENS  ON  REAL  ESTATE— 

for  public  improvements,  301. 

for  sidewalks  not  in  sidewalk  district,   construction  of.  2S0. 

for  viaducts  and  tunnels,   lien  on  rights  of  way,  R.   R.   companies,   296. 

error,  etc.,  in  assessment,  not  to  affect,  302. 

LIMITATION— 

of  action  against  city  for  public  improvemetits,  90  days,  332. 
of  assessment  for  public  improvements,  except  by  petition.  50  per  cent,  as- 
sessed value,   272,   3. 
of  assessment  for  suburban  improvement  districts,   none,   319.   3. 
of  size  of  paving  district  without  petition,  12  blocks,  272,  3. 
of  size  of  paving  district  in  suburban  improvement  district,  none,  319,   3. 
of  public  indebtedness,   3  per  cent,   assessed  valuation,   250. 

LIMITS— 

city  and  county,  see  Boundaries,  1-3. 

LIQUOR— 

sale  of,  see  Fire  and  Police  Board,  Licenses,  70-81. 

LIQUOR   ORDINANCES— 

of  annexed  towns  remain  in  force,  SO. 

LIQUOR  TRAFFIC— 

regulation  of,  general  law  govern,  81. 

LOCAL  IMPROVEMENTS— 

see  Public  Improvements,  270-337. 


1G5 


M 

References   are  to   Sections. 
MACADAMIZING— 

guarantee  for   two  years,  272,   7. 

MAPS,   PLATS,   ETC.— 

custody  of,  in  board  public  works,  90. 

MARKET   MASTER— 

appointed   by    mayor,   63. 

assistants,  63,  154. 

bond,    none   fixed,    152. 

contracts  of,  prepared  by  attorney,  33. 

contracts,   report  violation  of,   to   mayor,   26. 

expenses,   estimate  of,   to  mayor  and  auditor,  216. 

fees,  etc.,  collected,  paid  to  treasurer  daily,  159,  221-225. 

oath  of  office,  151. 

qualifications,   150. 

receipts,   offlcial,   receive  book   from  commissioner  of  supplies,   224. 

removal  of,  for  nonpayment  of  debts,  161. 

salary,    $1,200.00,    payable   monthly,    153,    233. 

term  of  office,  four  years,  63. 

vacancy,  how  filled,  31. 

MAYOR— 

acting-  mayor  not  sign  or  veto  until  last  day,  28. 
acting  mayor,   no  appointing  power,  28. 
acting  mayor,  who  becomes,   28. 
appoints  following  officers — 

aldermen  in  case  of  vacancy  (with  consent  of  board),  31. 

art  commission,   121. 

attorney,  33,   150. 

boards,   except   when   otherwise'  provided,   150. 

boiler  and  elevator  inspector,   63. 

building  inspector,   63. 

civil  service  commission,  185. 

commissioner  of  supplies,   60. 

commission  of  charity  and  correction,  113. 

commissions,   except  when  otherwise   provided,  150. 

county  judge,  in  case  of  vacancy,  139. 

county  office,    one  to  perform   duties   of,   when,   156. 

county  office,   if  one  newly  created,  156. 

election  commissioner,   when,  173. 

electrician,   63. 

expert   accountant,   243. 

fire  and  police  board,  64. 

heads  of  departments,  except,  when,  150. 

health  commissioner,  106. 

library  commission,   125. 

market    master,    63. 

municipal   court   judge,   141. 

park  commission,   98,   150. 

public  works,  board  of,  82. 

superintendent  of  street  sprinkling,  32. 

supervisor  in  case  of  vacancy  (with  consent  of  board),  31. 

vacancy,   to  fill,   when,   31. 
appropriation,   may  veto  item,  15. 
approve   appointment    of— 

deputy  commissioner  of  supjjlies,   62. 

superintendent   city  and  county   farm,   115. 
arrests,   may   make,   with  or  without  process.   157. 
art  commission,   receive  advice  from,   when,  122. 


106 

References  are   to  Sections. 
MAYOR— Continued. 

auditor  and  employes,  audit  accounts  of,  230. 
banks,   depository,   approve   selection  of,  58. 
banks,  depository,  fix  bond  of,  58. 
bonds  of  city  and  county,   cancel  when  paid,  4. 
bonds  of  city  and  county,  sign,  29. 
bonds  of  certain  officers,   approve,   152. 
bonds   of  certain  officers,   fix  amount  of,   etc.,    152. 
bonds  in  behalf  city,  may  sign  without  sureties,  339. 
budget- 
change  of,   requires   two-thirds   vote',   218. 

details  of,  218. 

filed  with   auditor,   219. 

presented  to  council  first  Monday  in  December,  217. 
chief  executive  of  city  and  county,  25. 
conservator  of  the  peace,  157. 
contractor,   approve  bonds  of,   61. 
contracts — 

approve  letting  of,  61,  270. 

enter  into   contract  with  Denver   Gas   &   Electric   Company   for   street 
arc  lamps  ($60.00),  263a. 

enforce,  26. 

receive  reports  of  violation  of,  26. 

sign  on  behalf  of  city  and  county,  29. 
council — 

give  information  of  state  of  city  to,  25. 

recommend  measures  to,  25. 

report  remission  of  fines  to,  25. 

special  meetings  of  either  board,  call,  19. 
death  of,   successor  president  board  of   supervisors,    28. 
departments,  meet  with  heads  of,  32. 
disability,  who  acting  mayor,  28. 
election,   third  Tuesday  in  May,  167. 
enforce  ordinances  and  laws,  25. 
executive,  chief,  25. 

executive  function,  assign  to  department,  when,  16. 
fines  and  penalties,  may  remit,  25. 
funding  bonds,   submit  to  vote',   251. 
heads   of   departments,   meet   with,    .32. 
impeached— 

may  be,   by  board  of  aldermen,   163. 

tried  by  board  of  supervisors,  164. 

penalty  if  found  guilty,  165. 
impeachment,   present  articles  of,  163. 
laws  and  ordinances  to  be  enforced  by,  25. 
legal  adviser,   attorney,   33. 
legal  process  to  be  served  on,  29. 
oaths,   may  administer,  341. 
office  open  from  9  a.  m.  to  5  p.  m.  daily,  30. 
official  acts,  how  attested  by  clerk,  37. 
ordinances — 

to  be  enforced  by,  25. 

appropriating  money,  veto  one  item,   15. 

signed   or  vetoed  by,   15. 
parks,   approve  expenditure  of  money  for,   97. 
penalties  and  fines,  may  remit,  25. 
posse  comitatus,   may  call  out,  27. 
process  to  be  served  on,  29. 
public  improvements- 
bonds,   approve  and  sign,   312. 


167 

References  are  to   Sections. 
MAYOR— Continued. 

public   improvements — concluded, 
bonds,  sale  of,  approve,  312. 
Cherry   creek,    approve  expenditure,   336. 
contracts,   award,   270,   315. 
public  utilities,  purchase  of,  get  opinion  attorney,   255. 
public  utilities,   purchase   of,   concur  or   not,   256. 

real  estate  sold  for  public  improvements,  give  treasurer  authority   to  pur- 
chase, 309. 
refunding  bonds,   submit  to  vote,  251. 
recall — subject  to,   22b. 
removal  of,    who  successor,   28. 
remove — 

civil  service  commissioner,  how,  185. 
Are  and  police  board,   how,   64. 
board  of  public  works,  how,  82. 
report  to  council  budget  first  Monday  in  December,   217. 
report  to  council  remission  of  fines,  25. 
reports   from— 

attorney,   February  1,   35. 

auditor,   amount   payable   bond   interest  and   to   provide   sinking   fund, 

first   Monday  in  Nevember,   216. 
auditor  to  mayor  and  council  as  asked,  47. 
building  inspector,   violation  of  contracts,    63. 
clerks,  5th  day  of  each  month,  37. 
commissioner  of  supplies,   monthly,  61. 
commissioner  of  supplies,  inventory  in  December,   61. 
depository  bank,  quarterly,  58. 

heads   of   departments,    estimated    expenses,    first    Mondaj^   in    Novem- 
ber, 216. 
injuries,   personal,    on  streets,  etc.,   342. 

public  works,   board  of,  as  to  purchase  of  public  utilities,  254. 
resignation  of,  who  successor,  28. 
resolution,  may  sign  or  veto,   15. 
salary   $6,000.00,   153. 
sign  contracts  and  bonds,  29,  312. 
sign  ordinances  and  resolutions,  15. 
sign    ordinances   as    recommended    by    Public    Utilities    Commission,    bonds, 

264a. 
sites  for  fire  and  police  stations,   approve,  68. 
special   meetings,    either    board   of   council,    call.    19. 
street   sprinkling,    control   of,    32. 
suits,   may  direct  attorney  to  comm.ence,   33. 
term  of  oflSce,  four  years,  167. 
vacancy  in  appointive  office,   may  fill,   31. 
veto  of  ordinance  or  resolution,   15. 
veto  of  item  in  appropriation  ordinance,   15. 
MEASURE— 

submission   of,   to  popular  vote,   20-23,  179.' 
MEMORIAL,   DAY   EXERCISES— 

$200.00   appropriated    annually,    249. 
MILEAGE— 

see  Officers,   reports  of,  228. 
MISDEMEANOR— 

selling   liquor    without    a    license,    79. 
penalty- 
first  offense,  $10.00  or  20  days,  or  both.  79. 

second  offense,   not  less  than  $100.00  or  30  days,   or  both,   79. 
second  offense,  refusal  of  license,  70. 


168 

References  are  to  Sections. 
MISDEMEANOR— Continued, 
violation  of  charter,  340. 

jurisdiction,  justice  of  the  peace,  340. 

penalty,  not  exceeding  $300.00  or  three  months,  or  both,  340. 

MONET— 

see  Finance,  Treasurer. 

MUNICIPAL    COURT— 

absence  of  judge,   141,   paragraph  1. 
clerk,   bailiff,   etc.— 

oath  and  bond,  141,  paragraph  6. 

powers  and  duties,  141,  paragraph  6. 

salaries  fixed  by  ordinance,  141,   paragraph  7. 
creation   of,   141,   paragraph  1. 
judge- 
appoint  clerk  and  bailiff,  141,  paragraph  6. 

appointed   by  mayor.   141,    paragraph  1. 

bond,  $5,000.00,  141,  paragraph  2. 

oath,  141,   paragraph  2. 

qualifications,   141,   paragraph   1. 

salary,   $2,500.00,   141,    paragraph   7. 

term   of   office,    141,    paragraph   1. 
jurisdiction,   141,   paragraph  2. 
power  to  make  rules,  etc.,  141,  paragraph  3. 
procedure,  141,  paragraph  5. 
sessions,   daily,  141,   paragraph  4. 
take  effect,   141,   paragraph  S. 

N 

NEGLIGENCE— 

causing   personal   injuries,    342-344. 
examination  of  plaintiff,  343. 
notice  of,  in  60  days  to  render  city  liable,  342. 
right  of  city  to  recover  against  third  persons,  344. 

NOTICE— 

assessmetits,   see   Public  Improvements, 
personal  injuries,  342. 

NUISANCES— 

abatement   of,   17. 

O 

OATHS  AND  AFFIRMATIONS- 
who  may  administer,  341. 

OATH    OF   OFFICE,    151. 

OFFICIAL  PAPER- 

must  be  daily,  printed  in  English,  62. 

OFFICES— 

in  public  buildings,  open  9  a.  m.  to  5  p.  m.,  30. 

OFFICERS— 

accounts  of,  how  audited,  230. 

accounts  of,   settled  monthly  by  auditor,   227. 

appointment  of,  by  mayor,  except  when.  150. 

appointive,  removal  of,   for  nonpayment  of  debts,  161. 

boards,   commissions,  etc.,   appointed  by  mayor,  150. 

boards,  commissions,  etc.,  records  of,  155. 

bonds  of,  in  official  capacity,  may  be  signed  by  mayor  or  other  officer,  339. 

bonds  of,   see  Bonds  of  City  and  County  Officers,   152. 

contract  with   city,   may  not  be  interested  in,    181. 

county  officers,  who  perform  duties  of,  156. 


169 

References  are  to   Sections. 
OFFICERS— Continued. 

duties  of,  general,  156. 

duties  of,   special  (see  also  particular  officer),   155. 

employes — 

definition   of,   153. 

discharge  of,  report  to  auditor  by  employer,   231. 

employment  of  (see  also  particular  officer),  154. 

reports  to  auditor  as  to  service  of,   229. 
executive;  see  Mayor,  etc.,  24-130. 
failure  to  account  for  money  or  property,  232. 
fees  and  compensation  of — 

collected  in  advance  and  paid  to  treasurer,  159,  221. 

mileage,  reports  as  to,   228. 

none  to  be  collected,  except,  159,  221. 

paid  to  treasurer  daily,  223. 

receipts  for,   official,   to  be  given,  224,  225. 

reports    of,    to   auditor,   5th   each   month,   227. 
heads  of  departments,   etc.,   may  employ  assistants,  154. 
ineligible,  becoming  so  vacates  office,  180. 
judicial,   see  County  Court  and  Justices'   Courts,  131-148. 
legislative,   see  Aldermen,  Supervisors  and  Mayor,  4-23. 
mileage  of,  reported  to  auditor  monthly,  228. 
oath  of  office,   151. 

other  office  paying  compensation,   may  not  hold,  347. 
qualifications   (see  also  particular  officer),  149,  150. 
recall — subject  to,  22b. 
records  of,   etc.,   to  be  public,  155. 

removal  of,  in  appointive,   for  nonpayment  of  debts,   161. 
removal  of,  if  elective,  impeachment,  163-165. 
reports  of,   as  to  fees,   etc.,   each  month  to  auditor,   227. 
residence  of,   see  Aldermen,   Park  Commissioner,    Supervisor,  180. 
salaries    (see  salaries  and  particular  departments),   153. 
stated  accounts  against,   by  auditor,  232. 

OFFICIAL,  BONDS— 
see  Bonds,  152. 

OFFICIAL,   PAPER— 

must  be  daily,  printed  in  English,  62. 

OFFICIALS— 

see  Officers. 

OPINIONS— 

by  attorney,   when  and  to  whom  rendered,  33. 
by  attorney,  public  utilities,  purchase  of,  255. 

ORDINANCES— 

see  Council,   Clerk,  Aldermen,   Supervisors. 

amendment  of,  13,  18. 

appropriating  money,   one  item  may  be  vetoed,  15. 

appropriating  over  $5,000.00,  advertisement  of,  13. 

attorney  render  opinion  within  5  days,   33. 

bill   for,  how  introduced,  read  in  full,  13. 

bill  for,   in  re  franchises,  licenses  and   taxation,  referred  to  attorney,   33. 

bonded  indebtedness,   creating  same,   irrepealable  until  paid,  250. 

council  act  only  by,   in   what  matters,  13. 

custodian  of,   clerk,  37. 

enacting  clause,    style   of,   14. 

enforcement  of,  council  provide  for,  11. 

enforcement  of,  mayor  attend  to,  25. 

franchises,  bills  for,  referred  to  attorney,  33. 

licenses,  bills   for,    referred  to  attorney,  33. 


170 

References   are  to  Sections. 
ORDINANCES— Continued, 
licenses,  provide  for,  71. 
mayor  sign  or  veto,  in  five  days,  15. 
mayor  receive),   in  24  hours   after  passage,   15. 
original  rolls  of,  in  custody  of  clerk,  .37. 
passed  only  by  bill,  13. 
passage  over  veto,  15. 
petition   for,   22,   22a,    22b,   23. 
presented  to  mayor  in  24  hours,  15. 
proof  of,   338. 

proposed  by  petition.  22,  22a,  22b,  23. 
provide  for,  generally,   4,   17. 
provide  for,   specifically,  17. 
publication  of,  payment  of  bill  for,  13. 
referred  to  attorney  for  opinion,  when.  33. 
refer  to  one  subject  only,  13. 
seal  to  be  provided  by,  39. 
signed  by   mayor,    15. 
style   of,   14. 

take  effect,  thirty  days,  exceptions,  21. 
taxation  bills  concerning,  referred  to  attorney,  33. 
veto  of,  by  mayor,  15. 
veto  of,  by  acting  mayor,  28. 
viaducts,  etc.,   requiring  R.   R.    companies  to  construct,   not  repealable,  297. 


PARK  BONDS— 

general  provisions,   97.  105,  326,  328. 

PARK  COMMISSION— 
appointments  by- 
secretary,   salary,  $1,500.00,  93. 

superintendent  of  parks,    salary   not   fixed,   95. 
assistants,  howr  provided  for,  93,  154. 
bonds  for  park  purposes,  exclusive  control  of,  97. 
city  ditch,  exclusive  control  of,  99. 
fiscal  year  same  as  calendar  year,  98. 

licenses  within  300  feet  park  entrance,  etc.,   control  of,  99. 
meetings,   first  Tuesday  each  month,  96. 
members- 
appointed  by  mayor,  92. 

bonds,   none  fixed,  152. 

moving  out  of  district  vacates  office,  180. 

number  of,  five,  92. 

oath  of  office,  151. 

oaths,    may   administer,    341. 

removal   of,   for  non-payment   of   debts,   161. 

qualifications,  92,  150. 

salary,   none,   92. 

term  of  office,  five  years,   92. 
museums,    exclusive   control   of,    102. 
natural  history,  may  establish  collections   of,  102. 
parks  and  park  ways,  exclusive  control  of,  99. 

building  lines   on,    may   establish,    100. 
park  fund,   exclusive  control  of,  97. 
powers  of,  generally,  99,  102. 
president,   appointed  as  such.  92. 

property  conveyed  for  park  purposes,   control   of,   102. 
records  of,   to  be  public,  155. 
report  to  mayor  and   council   in   January,   98. 
rules  of,  how  made,  32. 


171 


References  are  to  Sections. 
PARK  COMMISSION— Continued. 

rules  of,   how  enforced,   council  make  provision.   99. 

special  meetings,  96. 

zoological  gardens,  exclusive  control  of,  102. 

PARK  DISTRICTS— 

acquisition  of  parks,   etc.,   in,   323. 

assessment  of  cost  of  parks,   etc.,   in,   298-300,   328. 

bonds  of,  how  issued,  etc.,  326,  327. 

boundaries   and   names   of,    323. 

commissioners   appointed,   one  from  each,   92. 

expenditures  of  moneys  in,   how  made,  105,  329. 

number  of,  four,  323. 

parks  in,   how  paid   for,    objections,   etc.,   326,   327. 

special  assessments  in,   324,  327. 

PARKS  AND  PARK  WAYS— 

see  also  Public  Improvements. 

appropriation  for,  council  to  levy  one  and  one-third  mills,   105. 

bonded   indebtedness   for,   105. 

bonds  for  purchase  of,  326,  328. 

condemnation    proceedings    for    securing,    325. 

control  of,  95,  99. 

funds  commission  exclusive  control  of,  97. 

gifts  for,  control  of,  102. 

heavy  traffic  in,  how  prohibited,   99. 

installments,   payment  by,  10  years,   304. 

museums,   etc.,   in  control  of,   102. 

payment  for,  how  made,  326,  328. 

privileges    in,    how   controlled,    97,    99. 

purchase  of,   how  made,   298-300,   324,   328. 

railway  in,   franchise  for,    not  to  be  granted,  99. 

residences  fronting,   building  line  for,  100. 

sold  or  leased,  may  not  be,  101. 

special   assessment  for  purchase'  of,   326,   328. 

special  privilege,   franchise  for,   not  to  be  granted,   99. 

superintendent  of,  appointed  by  commission,  95. 

PATROLMEN— 

see  Fire  and  Police'  Board,  Police  Officer,  153. 
general  penalty  clause,  340. 

PAVING— 

see  Public  Improvements,   etc.,  272. 

PENALTIES—  ■      - 

see  Fines  and  Penalties, 
general  penalty  clause,  340. 

PERMITS— 

for   excavations,   granted  by  board  public   works,   83. 

for  liquor  business,  73,  79. 

for  use  of  streets,   granted  by  council,    revocable,   269. 

PERSONAL  PROPERTY  OF  CITY— 

custodian  of,    commissioner   supplies,   60. 

PERSONAL  INJURY— 

see  Injuries,  342-344. 

PETITION— 

see  Public  Improvements,  petition. 

Initiative  and  referendum,  20-23. 

liquor   license,    majority   frontage  of  block,   75. 


172 


References  are  to   Sections. 
PHYSICIANS— 

city  and  county  and  hospital,  appointed  by  health  commissioner,   110. 

PLATTE   RIVER— 

improvement  of,  83,  321. 

PLATS,  MAPS,   ETC.— 
custody  of,   90. 

PLATS  OE:  ADDITIONS— 

submitted  to  council  for  approval,  345. 

PLUMBING  INSPECTOR— 

report  of  building  inspector,  63. 

POLICE— 

see  Fire  and  Police  Board,  64-81. 
vacation,   fifteen   days,   full  pay,  162. 
disability,    temporary,    full   pay,    162. 

POLICEMAN— 

see  Fire  and  Police   Board,   64-81. 

POLICE   COMMISSIONER— 

see  Fire  and  Police   Board,   64-81. 

POLICE   DEPARTMENT— 

see  Fire  and  Police   Board,   64-81. 

POLICE  DEPARTMENT  RELIEF  FUND— 
see  Funds,  239-241. 

POLICE  MAGISTRATE'S  COURT— 
see  Municipal   Court,   141. 
justices'   court  successor  of,  351. 
saving  clause,  351. 

POLICE  POWER— 

conferred  on  license  officers,  72. 

POLITICAL  FAITH— 

fire  and  police  board,  one  member  different  from  other  two,  64. 
public  works,  board  of,   one  member  different  from  other  two,   82. 

POLITICAL   PARTY— 

chairman  of,   nominate  election  commissioner  to  fill  vacancy,  174. 
civil  service  commission,  one  member  belong  to  different,  from  other  two, 
185. 

POLLING  PLACES— 

see   Election  Commission,   169-184,    353. 
remain  until  changed  by  ordinance,  353. 

POOR    FARM— 

see    City  and   County  Farm,   115. 

POSSE  COMITATUS— 

mayor  call,  penalty  failure  to  obey  $300.00,  27. 

PRECINCTS— 

see  Election  Commission,  169-184,   353. 

division  into,  2. 

remain  until  changed  by  ordinance,   353. 

PRESIDENT— 

board  of  aldermen,   7,   153. 
board  of  supervisors,  6,  153. 
park  commission,   92. 


173 

References  are  to  Sections. 
PRIMARY  ELECTIONS— 

rules  for,   temporary  election  commissioner  make,   175. 

PRIVATE    SANITARY    SEWER— 

connection  of,  with  main,  287,  288. 

PRIVILEGES  IN  PARKS— 

franchises  for,  not  to  be  granted,  9. 

PRIZE  FIGHTS— 

police'   to   prohibit,    65. 

PROCESS— 

legal,    must  be   served    on  mayor,    29. 

PROOF  OF  ORDINANCES,   338. 

PROPERTY   OWNERS  IN   BLOCK— 
petition  for  liquor  license,  75. 

PROPOSALS   TO  FURNISH  SUPPLIES,   60-62. 

PUBLICATION— 

of  ordinances,   13. 

of  other  notice's,  62. 

ofRcial  paper,   62. 

of  reports,   auditor   and   treasurer,   56. 

PUBLIC   BUILDINGS— 

custodian   of,    commissioner  of  supplies,   60. 
construction  of,  in  charge  of  board  public  works,   83. 

PUBLIC   INSTRUMENTS— 

attestation  of,   by  clerk,  37. 

PUBLIC   HEALTH— 

see  Health  Commissioner,   106-112. 

PUBLIC   IMPROVEMENTS,    270-332. 

appropriations  for,  expended  by  board,  88. 
assessment,   estimate  of,   how  stated,  330. 

assessments,   parts  of,   payable  by  city  and  county,   see   "cost   of"   Assess- 
ment  and    Payment — 

advertisement,   notice  of  completion  of  work,   299. 
advertisement,  sale  for  special  assessment,  308. 
assessments — 

amendment   oi,    301. 

advertise  sale  of  lands  for,   308. 

due  in  30  days,  303,   307. 

invalidated,   cured  by  subsequent  action,   301,   302. 

lands  sold,   purchased  by  treasurer,   when,  309. 

payable  in  installments  if  not   paid  when   due,    303. 

shall  be  a  lien,   301. 

portion  of,  payable  by  owner  of  portion   of  land,   310. 
assessment  roll,  prepared  by  auditor,  etc.,  302. 
assessment  roll,   specific  descriptions  of  land  in,  330. 
certificates  of  purchase  at  tax  sale,  sale  of,  309. 
complaints,  filed  in  60  days,  299. 
completion  of  work- 
statement  of  cost  filed  with  clerk,  298. 

notice  of,   advertised  by  clerk,   299. 

hearing  before  board  of  supervisors,  299. 
consent   of  owner  to  improvements,  etc.,  how  shown,   303. 
estoppel  by  election   to  pay   in  installments,   303. 
equalization,   supervisors  sit  as  board  of,  300. 
how   made,    273-279-286-296,    298-311. 


174 

References  are  to  Sections. 

PUBLIC  IMPROVEMENTS,  270-332— Continued, 
assessments— continued. 

notice   of  completion,   advertised  10   days  by  clerk,   299. 
installments- 
net  paid  when  due  all  due,  interest  one  per  cent,  per  month,  306. 
election  to  pay  in,   when  made,  303. 
failure  to  pay,  306. 
payable  from  two  to  ten  years,  303. 
record   of,   when   due,    etc.,   302. 
when   payable,   board  determine,   304,  305. 
.  interest  not  exceed  six  per  cent.,   payable  annually,   304. 
lots,  description  of,  277. 
lien,    assessment  shall   constitute,    301. 

limitation  of,  50  per  cent,  assessed  value,  except  by  petition,  72,  3. 
limitation  of,  suburoan  improvement  district,  none,  319-323. 
payments  made  in  30  days,   allowance  for,   307. 
assessor's  duties,   302. 

board  of  equalization,   supervisors  sit  as,   300. 
bonds- 
approval  by  president  board  endorsed  thereon,  312. 
attested  by  clerk's  seal,  312. 
form  of,   prescribed  by  board,   312. 

guarantee  of,   requires  two-thirds  vote  of  council,  313. 
issued  by  treasurer,   312. 
payable  in  Denver  or  New  York,  313. 

payable   from   moneys   collected   from  assessments   only,   312. 
proceeds  of,   expended  by  board,  8S. 
receipts  for,  how  expended,  312. 
registered  by  auditor,   312. 
sold  by  board,  88. 

subject  to   call  of  treasurer,   312,    314. 
Cherry  creek.  Improvement  of,  320. 
Cherry  creek,  changing  channel,  333-337. 
construction  of,   by  board,  83,  270. 
contracts — 

advertisement  for,   10  days,  315. 
awarded  by  mayor,  315. 
bids  for,   all  may   be  rejected,   315. 
bond  for,  must  be  surety  company,  315. 
conditions  of,   316. 
default   of,   proceeding,   315. 
eight-hour  day  clause,  must  contain,  316. 
let  to  lowest  bidder,   315. 
letting  of,   conditions,  87. 
power   to   make,   270. 

subject  to  provisions  of  this  charter.  316. 
suspension   of  work  under,   316. 
cost  of—  I 

payable  by  property  benefited,  270. 
part  payable  by  city  and  county,  273. 
boulevards,    273. 
Cherry   creek,   320. 
generally,  270.  ^ 

intersections,    274. 
Platte  river,    321. 

V-shaped  lands  and   large  intersections,   276. 
council,  findings  of,  when  conclusive,  272,  P. 
day  labor,   when  work  may  be  done  by,  270,  280. 


175 

References  are  to  Sections. 

PUBLIC   IMPROVEMENTS,    270-332— Continued.  ' 

districts  for  construction  of,  generally,  270.  i 

Cherry    creek,   320. 

paving,    272. 

Platte  river,   321. 

sewers,   sanitary,   storm,   combined,  intercepting,   special,   sanitary,  282, 
286. 

sidewalks,  278. 

suburban  improvement,  319. 

viaducts  and  tunnels,  293. 
eminent  domain,  322. 
estimate  of  cost,  how  stated,  330. 
frontage  of  lots,  definition  of,  273. 
figures  may  be  used  instead  of  words,  330. 

Fourteenth  street  viaduct,  excepted  in  ratification  of  acts  of  board  of  pub- 
lic works,  332. 
guarantees  by  contractor,  272-277. 
kinds  of,  that  board  may  order,  272. 
lots,   description  of,   277. 
limitation  of  actions,  90  days,  332. 
macadamizing,    "paving"  includes,  272. 
notice  to  property  owners,   272-2. 
ordinance  authorizing,   how  published,   etc.,   13. 
ordinance  for  necessary,  271. 
paving,    272-277. 

alleys,  not  subject  to  remonstrance.  275.  ' 

amendment  to  proceedings  of  board,  when  made.  272,  6. 

assessment  of  cost,  270,  273,  298-311. 

assessment  of  cost  of  intersections,  274. 

assessment  of  cost  of  irregularly-shaped   lots,   276. 

authorized  by  ordinance,   271. 

boulevard,  cost  may  be  paid  by  city  and  county,  273. 

cement  curb  and  gutter,  guarantee  two  years,  272,  7. 

competition   to  be  genuine,   272-5. 

contracts  for,   awarded  by  mayor,  270. 

cost  of — 

assessed  by  frontage,  273. 

not  to  exceed   engineer's  estimate,   272-1. 

not  to  exceed  50  per  cent,   assessed  valuation  except  by  petition. 

272-3.  I 

payable,   in  whole  or  in  part,  by  property  benefitted,   270.      ' 

day  labor  not  employed  when  special  assessment,   270.  ' 

definition    of,    272.  ' 

district- 
how  organized,  includes  what,  272. 
size  of,  without  petition,  not  over  12  blocks,  272-3. 

size  of  suburban  improvement  district,  no  limit,  319-3. 

engineer   estimate   cost   of,   272-1. 

findings  of  council  conclusive  as  to  what,  272-9. 

frontage  of  lots,  definition  of,  273. 

gas  and  water  connection,  may  be  ordered  made,  317. 

guarantee, for  five  years,  272-7. 

intersections,   cost  of,   how   assessed,   274. 

installments,  payment  by,  ten  years,  304. 

improvements  already  done,   property  excepted,   272-8. 

irregularly-shaped    lands,    how   assessed,    276. 

kind  of,  one-third  property  owners  determine,  272-3. 

macadamizing,  guarantee,  two  years,  272-7. 

material   from   specific  locality  not   specified,   272-3. 

material,  standard  of  purity,   etc.,  272-5! 


176 

References  are  to  Sections. 

PUBLIC  IMPROVEMENTS,   270-332— Continued. 
paving,  272-277— continued. 

notice  of,   what  contain,   272-2. 

objections  to,  how  made,  272-2. 

ordinance   for,   not  to  be  changed   by  council,   271. 

paving,  definition  of  word,  272. 

petition — 

findings  of  council  conclusive  as  to,  272-9. 
for,  one-third  frontage,  272-3. 
for,    not   required,   272-3. 
for,  contents  of,  272-3. 
petitioners  for,   can  not  sign  remonstrance,   272-4. 
real  estate,  definition  of  term,  277. 
remonstrance — 

35   per   cent,    defeat   improvement,    272-4. 
may  not  be  signed  by  signer  of  petition,  272-4. 
finding  of  council   conclusive,   272-9. 
to  paving  alleys  not  allowed,  275. 
specifications,  standard  of  purity,   etc.,  272-5. 
"street,"   definition  of,  277. 

unusual    area   of   intersections,    assessment   of,    276. 
V-shaped  lands  or  lots,   assessment  of,   276. 
water  connections,  may  be  ordered  first  made,  317. 
without  petition,  12  blocks  only,  272-3. 
zones   of  assessment,   273. 
petition- 
already  filed,  action  on,  331. 
Cherry  creek,  none  necessary,  272-1-2-6,   320. 
council,  finding  of  as  to,  final,  272-9. 
parks,  purchase  of,  none  necessary,  324-328. 
paving,    272-3. 

Platte  river,  none  necessary,  321. 
sewers,  none  necessary,  284-285. 
sidewalks,  none  required,  278. 
signer  of,   not  sign  remonstrance,   272-3-4. 
suburban  improvement  district,  10  per  cent,  area,  319-2. 
viaducts  and  tunnels,    none   necessary,   293. 
plans,  specifications,  etc.,  272. 
Platte  river,  improvement  of,  321. 
power  to  contract  for,  and  make,  270. 
proceedings  already  commenced,  to  be  continued,  331. 
proceedings  of  board  may  be  modified  or  rescinded,  272-6. 
public  works,  board  of,  previous  acts  ratified,  except,  3az. 
real  estate — 

definition  of,   277. 
description  of,  277,  330. 

improvements  previously  made,  credit  for,  272-8. 
owner  part  interest,  may  pay  part  of  cost,  310. 
sale  of  by  treasurer,  308-309. 
unplatted,  description  of,   277. 

shaped  or  irregular  lands  or  lots,  assessment  of,  276. 
remonstrance  against  construction  of,  272-4. 
sewers,   282-292. 

assessment  for- 

declared  illegal,   council  fix  amount  to  be  paid  before  connection 

can  be  made,  292. 
held  invalid,  correction  made  by  council,  292. 
how  made,  by  area,  286,  298-311. 
paid  before  connection  can  be  made,  291. 


177 

References  are  to  Sections. 

PUBLIC  IMPROVEMENTS,  270-332— Continued, 
sewers,  282-292— continued. 

combined  sewer  district  may  be  established,  284,  289. 

condemnation,  rights  of  way,  etc.,  283,  290. 

connections  with — 

cost  of,  must  first  be  paid,  291-292. 

council  may  compel,  288. 

temporary,  owners  out  of  district,  287. 

construction  of,  by  board,  283. 

construction  of,  procedure,  272,  289. 

construction  of,  without  city  and  county  limits,  290. 

cost  of,  how  assessed,  by  area,  286. 

districts,  establishing-  requires  two-thirds  vote,  284. 

districts,   organization  of,  284,   289. 

mtercepting  sewer  district,   establishment  of,    284,   289. 

maintenance  of,   without  city  and  county  limits,  290. 

ordinance  establishing  requires  two-thirds  vote,   284. 

petition,    not   subject    to,   289. 

private,    connection   of   with   district   sewer,    287. 

private,    construction   of,    288. 

remonstrance,   not  subject  to,  272-4,  289. 

rights   of   way,    securing   same,    283. 

rights   of  way,    securing  same  without   city  limits,   290. 

sanitary  ,sewer   district,    establishment   of,    284,    289. 

special  sanitary  sewer  district,  see  284,  289. 

storm  sewer  district,   establishment  of,  284,  289. 

sub-district  laterals,   when  to  be  constructed,  285. 

sub-district  laterals,   cost  of,  how  assessed,  286. 

sub-mains,  district  sewers  include,  284. 

systems,    sanitary,    storm,    combined,    intercepting    and    special    sani- 
tary, 282. 

temporary  connection,  how  made,   cost  of,  287. 
sidewalks,  278-281. 

assessment,   how  made,   by  frontage,  279,   298-311. 

construction  of,  in  districts,  278,   279. 

construction  of,  not  in   districts,  280. 

contract  for  walks  and  grading  separate,  278. 

districts  for,  278. 

grading  sidewalk  area  included  in,  278. 

lien,   certificate  for  construction   not   in   district  constitutes,   280. 

notice  to  property  owners,   280. 

official  grade,  three-fourths  owners  reject,  281. 

owners  may  construct  within  30.  days,  278. 

petition  for,  not  necessary. 

reconstruction  of  old  walks.   279,  280. 
street,   definition  of,  277. 
suburban   improvement   districts- 
assessment  for  cost  of,   how  made,  319-1. 

board    need   not   approve,    establishment    of,    319-2. 

boundaries   where  possible,   319. 

expenses   for  preliminaries   must   be  advanced,   319-2. 

expenses  returned  if  district  established,   319-3. 

lands  included  in,   need  not  be  abutting  street,   319-1. 

limitations  as  to  size   or  cost  do  not  apply,,  319-3. 

petition  for,   requires  but  10  per  cent,   of  area,   319-2-. 

petition  for,  may  be  modified,  319-3. 

petition  for,    board  may  establish  without,  319-3. 

remonstrance  against,   requires   35  per  cent,   of  area,  319-2. 
suits  barred  in  90  days  after  act,   332. 
treasurer's  duties,  302,  311. 


178 

References   are  to   Sections. 

PUBLIC  IMPROVEMENTS,  270-332— Continued, 
viaducts  and  tunnels,  293-297. 

assessments   for   cost    of,    how   made,    296,    298-311. 

bids   for   construction,    separate   for   separate   parts,    295. 

condemnation  proceedings,   295. 

contracts,  separate  for  separate  parts,  295. 

construction  of,   to  be  ordered  by  board,   293. 

cost  of,  wliat  assessed  and  for  wiiat  expenses,  296,  298-311. 

cost  of,   assessed  against  district,   except,   293. 

district  for  construction  of,   293. 

excepted   lands   or   lots,   293. 

instalments  payable  in  5  to  20  years,  304. 

lien,   assessment  railroad  company  against  right  of   way,   296. 

proceedings  of  board,   as  in  272-1-2-6,  294. 

railroad  companies — 

council  may  require,  to  construct,  297. 
ordinances  not   to  be  repealed  until  built,   297. 
proportion  of  cost  assessed  against,  296. 

right  of  way,  etc.,  how  acquired,  295. 

real   estate  excepted  from  assessment,  293. 

remonstrance  requires  35  per   cent,   area,   294. 

saloon  not  to  be  used  a.s  approach  to,  conditions,  294. 

suits  to  compel  railroad  companies  to  construct,  to  be  prosecuted,  2&7. 

tracks,  cars,  etc.,  not  to  be  used  by,  294. 

tunnel,   definition  of,  293. 
work  done   under  direction  of  board,   270. 

PUBLIC  INDEBTEDNESS— 

see   Bonds,    Bonded  Indebtedness,    Public   Improvements,    Warrants, 
limitation   of,   3  per   cent,   assessed   valuation,   250. 
limitation  of,  appropriation  must  first  be  made,  246-247. 

PUBLIC  LIBRARY— 

see   Library    Commission,    125-130. 

PUBLIC  PROPERTY— 

title  deeds  of,   clerk  have  custody  of,  37. 

PUBLIC  UTILITIES  COMMISSION.     (Water  Commission)— 

bonds- 
how  issued,  264a. 
interest,  264a. 
sold  at  par,  264a. 

ordinances  recommended  by  commission- 
council   must  pass,   264a. 
mayor  must  sign,  264a. 

powers  of  commission- 
litigation,    exclusive   control    of,    264a. 
may  adopt  rules,  264a. 
may  build  new  plant,  when,  264a. 
water  plant,   purchase  of,   etc.,   264a. 

special   elections,   264a. 

vote  of  tax-paying  electors,   264a. 

water  commission,  264a. 

bond,  $10,000.00  each,  264a. 

employ   secretary,    clerks,    etc.,   264a. 

membership,  264a. 

recall    of,    264a. 

salary,  $4,000.00  each,   264a. 

term  of  office,  six  years,  264a. 

vacancies,   how  filled,   264a. 


179 


References  are  to  Sections. 

PUBLIC   UTILITIES    AND   WORKS    DEPARTMENT— 
see  Public   Works,    Board   of,   S2. 

PUBLIC  UTILITIES,   252-269. 

acquisition  of,  see  purchase  of,  252-264. 
maintenance  of,  by  board  of  public  works,  264. 
operation   of — 

accounts  kept  by  treasurer,  260. 
board  of  public  works  full  control  of,   264. 
moneys  to  bo  kept  by  treasurer,  260. 
rates  of  service  fixed  by  board  of  public  works.   263. 
surplus  receipts,  investment  of,   261. 
purchase  of — 

attorney's  opinion  as  to,  255. 

bonds,  interest  on,  where  payable,  259. 

bonds  of — 

interest  on  4  per  cent.,   where  payable.  259. 

issuance,  of,   submitted  to  vote,   257. 

liability  of  city   for,   absolute,   258. 

maturity  of.   five   yearly  periods,   259. 

sale  of,  must  be  at  par,  259. 

redemption  of,   how  provided  for,   261. 

sinking  fund,  258,  261. 

voted  on,  at  general  or  special   election,   257. 
condemnation   proceedings,    262. 
cost  of,   to  be  investigated  by  board   of  public  works,   253,   254 

mayor,   256. 
cost,  payment  of,  how  provided  for,  256. 
cost,  payment  of,   must  be  possible  in  50  years,   255. 
council  direct  board  public  works  to  investigate,  252. 
easements,  how  secured,  262. 
investigation  by  board  public  works,  254. 
investigation  by  board   of  public  works,   revision   of.    256. 
ordinance   authorizing   purchase   of,   256,    257. 
petition  for— 

description  of  the  public  utility,  253. 

sheets  of  paper,   may  be  on  several,  253. 

signed   by   25   per   cent,    preceding   vote   for    mayor.    252. 
public  works,  board  of— 

investigate   cost,    etc.,    254. 

report  to  mayor,  256. 
rates  for  service  fixed  by  council,  263. 
rights  of  way  for,  how  secured,  262. 

PUBLIC  WORKS,   BOARD   OF — 
appointed  by  mayor,  82. 
appointments  by — 

assistants,   salary  $1,200.00,   82. 

assistant   engineers,    salary  $1,800.00,   89. 

chief    assistant    engineer,    salary   $2,400.00,    89. 

secretary,   salary  $1,800.00,   82. 
appropriations  for,   exclusive  control  of,  88. 
bonds  of  the  city  and  county — 

expenditure  of  moneys  received  for,   control  of.   88. 

issuance  and  sale  of,   exclusive  authority,   88. 
bureau   of  engineering  and  surveying,   control   of,   .'■:9,   90. 
bureau  of  highways,  91. 
civil  service,  department  under,  192. 


180 


References  are  to  Sections. 

PUBLIC  WORKS,  BOARD  OF— Continued, 
contracts- 
contain  eight-hour  day  clause,  316. 

conditions   of,   may   impose,   87. 

prepared   by   attorney,    33. 

report   violation   of,   to  mayor,    26. 
duties,   see  Public  Improvements,   270-332,   82-91. 
employes  of,  salaries  fixed  by  board,  limit  of,  89. 
expenses- 
estimate  of,   to  mayor  and  auditor,   216. 

full  control  of,  within  appropriation,  88. 
maps,  plats,  etc.,  custody  and  disposition  of,  90. 
meetings,   first  Tuesday  each  month,  public,  86. 
members- 
appointed  by  mayor,   82. 

authority  to  act  on  behalf  of  board,  86. 

bonds  of,  $5,000.00  each,   152. 

commissioner  of  highways- 
duties,  91. 
salary  $3,000.00,   153,   233. 

commissioner   of   public   works- 
president,   82. 
i>alary  $4,000.00,   153,   233. 

engineer- 
duties,  etc.,  90. 

plats  of  additions  filed  with,  345. 
salary  $4,600.00,    payable   monthly,    163,   233. 

political  faith,   one  to  be  of  different  from  other  two,  82. 

removal  of,  82. 

term  of  office,    four  years,  82. 

vote  of,  to  be  recorded  when   not  unanimous,  86. 
offices,   stationery,  etc.,   furnished  by  city  and  county,  82. 
president — 

commissioner  of  public  workks,  82. 

endorse  approval   of  public  improvement  bonds,   312. 

oaths,    may   administer,    341. 

pro  tempore,   election   of,  8S. 
powers  of — 

generally,    control   public   works   and   utilities,    82. 

specifically,    see   Public    Improvements    and    Public   Utilities, 
public   improvements- 
assess  the  cost,   300. 

construction  of,  controlled  by,  270. 

completion  of,   statement  of  cost  to  clerk,  298. 
public   utilities,    purchase   of,    investigation   by   (see   same),   252. 
ratification   previous   acts,    except   Fourteenth    street   viaduct,    332. 
records  of,  shall  be  public,  86. 
reports  of — 

to  clerk,  cost  of  public  improvement,  298. 

to  mayor  and  council,   purchase  public  utility,   254. 
special   assessments,    expend   moneys   of,    except    parks,    88. 
special   meetings,   86. 

suburban  improvement  districts,   may  establish,  319-2. 
trees,   rules   for   planting  and   care  of,    on   streets,   318. 

PURCHASING   AGENT— 

see   Commissioner   of   Supplies,    62. 

Q 

QUALIFICATION  OF  OFFICERS— 

see    respective   office   and   generally,    149.    150. 


181 

R 

References  are  to  Sections. 
RAILROADS— 

franchise  for,  in  park  or  parkway  not  to  be  granted,  99. 

RAILROAD   COMPANIES— 

may  be  required  to  construct  viaducts  and  tunnels,  297. 

REAL  ESTATE— 

assessment  of,  see  Public  Improvements,  270-332. 

definition  of,   277. 

descriptiou   of,  277,   330. 

improvements  privately  made,  credit  for,  272-8. 

owner  part  interest,  may  pay  part  of  cost,  310. 

sale  of,   by   treasurer,   308-309. 

unplatted,  description  of,  277. 

RECALL^ 

see  Initiative,  Referendum  and  Recall,  20.  21,  22,  22a,  22b,  23. 

RECEIPT  BOOKS— 

official,   commissioner  supplies  furnish  to  all  officers,   224. 
stubs   to   be   delivered  to   auditor,   224. 

RECORDER,    40. 

assistants,   154. 

bond  $5,000.00,  152. 

contracts  of,  prepared  by  attorney,  33. 

contracts,   report  violation  of,   to  mayor,  26. 

county  clerk  and   recorder,   perform   certain  duties  of,   40. 

deputy,   none  provided  for. 

election,  167. 

expenses,   estimate  of,  to  mayor  and  auditor,   216. 

fees,   etc.,   collected- 
paid  to  treasurer  daily,   159,  221-225. 
receipts   for,   225. 
receipts  for,   stubs  delivered  to  auditor,   224. 

impeachment,   163-165. 

oath   of   office,   151. 

office  open  9  a.   m.    to  5  p.   m.,   30. 

qualifications,  149.  ^ 

recall— subject  to,  22b. 

records  of,  shall  be  public,  155. 

salary  $3,600.00,   payable  monthly,   163,  233. 

term  of  office,   four  years,   168. 

vacancy,  how  filled,  31. 

REFERENDUM— 

see   Initiative   and   Referendum,    20-23. 

REGISTER   OF   WARRANTS— 
kept  by  auditor,   47. 

REMONSTRANCE    AGAINST— 

alleys,   paving-  of,   not  subject  to,  275. 

Cherry  creek  improvement,   35  per  cent,   area,   320. 

parks,   purchase  of,  25  per  cent,  area,   327. 

paving,   35  per  cent,   frontage,   272-4. 

Platte  river  improvement,  35  per  cent,  area,  321. 

public   improvements,   except   paving,   majority,   272-4. 

sewers  not  subject  to,  289,  272-4. 

sidewalks,    majority   frontage,    272-4. 

signer   of   petition    not   sign,    272-3-4. 

suburban  improvement  district,  35  per  cent,  area,  319-2. 

viaducts  and  tunnels,  35  per  cent,  area,  294. 


182 

References  are  to  Sections. 
REPORTS— 

attorney,    February  1,    to   mayor,    35. 
auditor — 

to   council,    June   30   and  January  15,   50. 

to  council  and  mayor,   on  demand,  47. 

departments,   weekly,   unexpended  appropriations,   47. 

to  mayor,    first  Monday   in  November. 

amount  necessary  to  pay  interest  on  bonds,  216. 
amount  necessary  to  provide  sinking  fund,  216. 
building  inspector,   to  mayor  and  attorney,  63. 
clerk,  to  treasurer,  auditor  and  mayor,  5th  each  month,  37. 
commissioner   of  supplies — 

to  mayor,   inventory  in  December,  61. 

monthly,   61. 
depository   bank,    to   mayor   and   auditor   quarterly,   58. 
electric   wiring  inspectors,   to   building  inspector,    63. 
fire  wardens,   to  building  inspector,   63. 

heads   of   departments,    to   mayor,    first   Monday   in   November,    216. 
health  commissioner  publish,   112. 
injured   persons,   to   mayor,    in  60  days,   342. 
mayor  to  council,  from  time  to  time,  25. 
park   commission,   to  mayor  and  council,    annual,   98. 
plumbing  inspector,   to  building  inspector,  63. 
publication    of,    auditor    and    treasurer,    56. 
publication    of,    health    commissioner,    112. 
public  works,  board  of— 

to  mayor  and  council  as  to  purchase  of  public  utilities,  254.  " 

to  clerk,   statement  of  cost  of  completed  public  improvement,  298. 
recordef,   to   treasurer,   auditor  and   clerk,   5th   each  month,   40. 
sheriff,   to  treasurer,   auditor  and  clerk,  42. 
treasurer— 

to  auditor,  1st  each  month,  55,  215. 

to  auditor,  5th  each  month,  tax  collections,   214-215. 

to   auditor  and   council   second  Monday   in  January,   55,   215. 

to   council,   from  time  to  time,   55. 
uniform  system  of,  to  be  required  by  council,  244. 
verification  of,   to  auditor,  47. 

REQUISITION—  h 

for  supplies,  61. 

REVENUE— 

see   Finance   and   Taxation,    211-251. 

REWARDS— 

50  per  cent,  go   to  police  department   relief  fund,  240. 

RULES    OF   OFFICE,    ETC.— 
how  made,    generally,   32. 

S 

SALARIES- 

general,    payable   monthly,   153,   233. 
acountant,    expert,    $3,000.00,    243. 
aldermen,   $1,000.00  each,   153. 
ambulance    drivers,    $1,020.00    each,    153. 
art   commission,    none,   122. 
assessor,   $4,000.00,   153. 
attorney,   $4,600.00,   153. 

first   assistant,    $2,500.00,   153. 

second  assistant,   $1,800.00,   163. 

third   assistant,    $1,500.00,    153. 


183 

References  are  to  Sections. 
SALARIES— Continued. 

attorney,  $4,600.00.  15.3 — continued, 
stenographer.   $1,200.00,   153. 
special  officer, 
auditor,   $4,600.00,  153. 

boiler   and   elevator    inspector.    .$1,SOO.OO,   153. 
building   inspector,    $2,500.00,   153. 
charity  and  correction — 

detention   school   superintendent   and   teachers,   none   fixed,   120. 
members,  none,  113. 
secretary,    none   fixed,    113. 

superintendent  city   and   county  farm,   none  fixed.  115. 
civil   service   commission — 
members,    none.   186. 
secretary,   $1,800.00,    187. 
clerk,    $3,000.00,    153. 
commissioner   of— 

excise,  $3,000.00,  153. 
fire,    $2,500.00,    153. 
health,  $4,000.00,  153. 
highways,   $3,000.00,  153. 
police,    $2,500.00,    153. 
public    works,    $4,000.00,    153. 
.supplies,  $3,000.00,   153. 
coroner,    $900.00,    153. 
county   court- 
clerk,   $3,000.00,    153. 
deputy   clerks,    none   fixed,    133. 
judge,    $4,600.00,    153. 
jurors,   none  fixed,   133. 
stenographer,  $2,000.00,  153. 
county  superintendent  of  schools,   $900.00.   153. 
election  commission — 

assistants,   none  fixed,  154,  183. 
clerks   of  election,   none  fixed,   174. 
judges  of  election,   none  fixed,   174. 
members,    .$1,000.00,    153. 
secretary, 
electrician,   $2,500.00,   153. 

employes  generally,   to  be  fixed  by  ordinance.   153. 
engineer,   $4,600.00,  153. 
engineers   of   board    of   public    works- 
assistants,    $1,800.00.    89. 
chief  assistant,   $2,400.00,   89. 
executive  officers  generally,    153. 
expert   accountant,    .$3,000.00,    243. 
fire/and  police  board- 
assistants,   .$1,200.00,    64 
secretary,    $1,800.00.    64. 
members,   153. 
fire  department — 

assistant  chiefs,   $2,100.00,   153a. 
captains,    $1,380.00,    153a. 
carpenters,  $1,140.00,  1.5.3a. 
chief,  $3,600.00,  1.53a. 
chief's  secretary,  $1,800.00,  153a. 
deputy   chief,   $2,400.00,    153a. 
drivers,  $1,020.00,  1.53a. 
engineers,    $1,260.00,    1.5.3a. 
engineer— assistants,    $1,1.70.00,    1.53a. 


184 

References  are  to  Sections 
SALARIES— Continued. 

fire  department — continued. 

fire  wardens,  $1,140.00,  153a. 
firemen — 

first  grade,   $1,140.00,   153a. 

second  grade,   $1,080.00,   153a. 

third  grade,  $1,020.00,  153a. 

fourth!  grade,   $960.00,   153a. 
hosemen,   $1,020.00,   153a. 
laddermen,  $1,030.00,  153a. 
lieutenants,  $1,260.00.  153a. 
linemen,  $1,070.00,   lo3a. 
machinists,   $1,380.00,   153a. 
machinists'    assistants,   $1,020.00,   153a. 
operators,   $1,140.00,   153a. 

superintendent  of  fire  alarm,  $1,800.00,  153a. 
superintendent  of  fire  alarm— assistant,  $1,380.00,   153a. 
temporary  disability,  full  pay,  162. 
vacation,    fifteen   days,    full    pay,    162. 
jurors,  county  court,  none  fixed,  138. 
justices'   courts — 

justices  of  the  peace,   $2,000.00,  153. 
library   commission,    none,    125. 

employes,    fixed  by   commission  exclusively,   126. 
market   master,    $1,200.00,   153. 
mayor,  $6,000.00,  153. 
park  commission — 

employes,   fixed  by  commission  exclusively,  97. 
members,   none,   92. 
secretary,  $1,500.00,  93. 

superintendent  of  parks,   none  fixed,   95. 
payable   monthly,   all  salaries,   233. 
police   department- 
assistants  fire  and  police  board,  $1,200.00,  64. 
chief,   $3,600.00,   153a. 
custodian   stolen  goods,   $1,380.00,   153a. 
deputy  chief,  $2,400.00,   153a. 
detectives   (assigned),  $110.00  per  month,   153a. 
jailers,  $1,380.00,  153a. 
matron,   $1,020.00,    153a. 
patrolmen — 

first   grade,   $1,140.00,   153a. 

second  grade,  $1,080.00,  153a. 

third  grade,  $1,020.00,  153a. 

fourth  grade,  $960.00,  153a. 
patrol  wagon  drivers,  $1,020.00,  153a 
police — 

captains  of,  $2,100.00,  153a. 

operators,  $1,140.00,  153a. 

desk  sergeants,  $1,380.00,   153a. 

street  sergeants,  $1,380.00,  153a. 

surgeons,   $1,380.00,    153a. 
secretary  fire  and  police  board,   $1,800.00,   64. 
vacation,  fifteen  days,  with  full  pay,  162. 
temporary  disability,  full  pay,  162. 


185 

References  are  to  Sections. 
SALARIES— Continued, 
president — 

board  of  aldermen,  $1,200.00,  153. 

board  of  public  works,  $4,000.00,  153. 

board   of  supervisors,   $1,500.00,   153. 
public  works,    board  of,   153. 

assistants,  $1,200.00,   82. 

engineer's  assistants,  $1,800.00,   89. 

engineer,    chief  assistant,   $2,400.00,   89. 

secretary,  $1,800.00,  82. 
recorder,   $3,600.00,,   153. 
sheriff,  $4,600.00,  153. 
superintendent — 

city  and  county  farm,   none  fixed,  115. 

detention  school,  none  fixed,  120. 

street  sprinkling,   $1,800.00,   153. 
treasurer,    $4,600.00,    153. 
under  sheriff,   $2,500,   153. 
vacations,  Are  and  police  departments,  15  days,  full  pay,  163. 

SALOONS— 

see  Fire  and  Police  Board,  licenses,  70—81. 

annexed   municipalities,   80. 

close  on  Sunday,   election  day  and  at  midnight,  76. 

fees— 

$600.00,  75. 

annexed  municipalities,  80. 

uniform,   75. 
fire  and  police  board  grant  licenses,  70. 
general  laws  of  state  govern,   81. 
licenses — 

$600.00  (Sec.   75),   70-81. 

see  Fire  and  Police  Board,  licenses,  70-81. 
ordinances  remain  in  force— 

of  annexed  municipalities,  80. 

of  Denver,  81. 
park,  must  be  500  feet  from,  77. 
public  school,  must  be  500  feet  from,  77. 
regulated  by  ordinance,   70. 
Sundays  to  be  closed,  76. 
two  convictions,   license  refused,  70. 
viaduct  not  to  be  used  as  approach,  294. 
violation   of  law,   $10.00-$100.00,   79. 
wine  rooms  prohibited,  78. 

SAVING  CLAUSE— 

contracts,  etc.,  348-353. 

SCHEDULE,   348-353. 

SCHOOL- 

public,  no  saloon  allowed  within  50O  feet,   77. 

SCHOOLS— 

see  County  Superintendent  of  Schools,  45. 

SEAL— 

of  city  and  county  of  Denver,  37,  39. 

SET   OFF— 

between  bank  depository  and  treasurer  not  allowed,  58. 

SEWERS— 

see  Public  Improvements,  83,  282-292. 


18G 

References  are  to  Sections. 
SHERIFF— 

appoints  under  sheriff  and  deputies,  42,  154. 

bond,  $10,000.00,   152. 

contracts   of,  prepared  by  attorney,  33. 

contracts,  report  violation  of,   to  mayor,  26. 

duties  of,   see  general  laws   of  the   state,   42. 

election,  167. 

expenses,   estimate   of,   to   mayor  and  auditor,   216. 

fees,   etc.,  collected,  paid  to  treasurer  monthly,  159,  221-225. 

impeachment,   163-165. 

mileage,  verified  statement  to  auditor,   228. 

oath  of  ofHce,   151. 

office  open  9  a.  m  to  5  p.  ni.,  30. 

qualifications,  149." 

recall — subject    to,    22b. 

records  shall  be  public,  155. 

report  to  treasurer,   auditor  and  clerk  5th  of  each  month,  43. 

salary  $4,600.00,  payable  monthly,  153,  233. 

term   of   office,    four   years,    168. 

vacancy,    how  filled,   31. 

SIDEWALKS— 

see  Public  Improvements,  sidewalks.  278-281. 
care  of,   etc.,   board  public  works,   S3. 

SIGNS- 

see  Public  Works,   Board  of,   84. 

SINKING  FUND— 

see  Funds,  216,  238. 

see  Public  Utilities,  261. 

SOUTH  PDATTE  RIVER— 
see  Platte  River,  321. 

SPECIAL   ASSESSMENTS- 
SB  e   Parks,   324-327. 
see  Public  Improvements,   298-311. 
see  Viaducts  and  Tunnels,  293-297. 

SPECIAL  DEPOSIT  FUND- 
see  Funds,   236. 

SPECIAL  ELECTIONS— 

see  Initiative  and  Referendum,   20-23. 

see   Franchises,   265. 

see  Public  Utilities,  bonds  for  purchase  of,  257. 

SPECIAL    POLICE— 

fire  and  police  board   may   appoint.    69. 

SPECIAL    TAXES— 

see  Parks,   324-327. 

see  Public  Improvements,  298-311. 

see  Viaducts  and  Tunnels,   293-297. 

SPRINKLING   STREETS— 
mayor  control  of,  32. 

STATED  ACCOUNT— 

by  auditor,  evidence,  232. 

STATE   LAW— 

see  general  law  in  force,  page  1(50  hereof. 

STORM  SEWERS— 

see  Public  Improvements,  storm  sewers. 


187 

References  are  to  Sections. 
STREETS— 

board   public   works   full   charge   of,    care,   cleaning,    etc..    83,    84,    91. 

commissioner,    see   Commissioner   of   Highways.    91. 

defined,  277. 

excavations  in,   board   public   works  control   of,   83-91. 

opening,  vacating,   etc.,   board  public  works,   approval   of  council,   84. 

parks,  license  to   sell  goods   300  feet   from   entrance,   99. 

STREET   SPRIISTKLING  BUREAU— 
mayor  control   of,   32. 
superintendent,    salary,    $1,800.00,    153. 

SUBDISTRICT  SEWERS— 
see  Sewers,  282-292. 

SUBURBAN  IMPROVEMENT   DISTRICTS— 
see  Public  Improvements,   319-320. 

SUPERINTENDENT— 

city  and   county  farm,   115. 

detention  school,  120. 

parks,    see  Park  Commission,    7.5. 

schools,   see   County   Superintendent   of   Schools.    45. 

street    sprinkling — 

salary  $1,800.00,  153. 

term  of  office,  four  years.  32. 
supplies,  see  Commissioner  of  Supplies,  60-62. 

SUPERVISORS,    BOARD   OF— 

attendance  of  members,    may   compel,   10. 
ayes  and  noes  shall  always  be  entered,  11,  13. 
bills- 
may  originate  in,  13.  ' 

how  passed,   13,   14,   15,   18. 
board  of  equalization,   sit  as,   156. 
clerk — 

of  city  and  county  act  as  clerk  of,  9,  37. 

keep  journal,  11,  37. 

notify  auditor  of  absentees,  12. 
county  commissioners— perform  certain  duties  of,  156. 
election,  167. 

of  members,    sole  judge   of,    10. 

at  large,  7. 
executive  power— has  none,  16. 
expulsion  of  member,   10. 
impeachments,   shall  try,   except,   164. 
journal,   clerk  keep,  9,  11. 
majority — majority  of  members  elected,   11. 
meetings — 

twice  a  month,   until  changed,  9. 

open  doors,  9. 
member  of  board- 
age  of,   25  years,  8. 

attendance- 
may  be  compelled,  10. 
forfeiture  for  absence,  ,$10.00,  12. 

arrests,  may  make  with  or  without  i)roce.«;s.  157. 

citizen,    must    be,    8. 

contract  with  city,  may  not,  8. 

exempt  from  jury  duty,   8. 

expulsion  of,  10. 

jury  duty,  exempt  from,  8. 

moving   from    district   vacates    oflice,    ISO.  . 


188 

References  are  to  Sections. 

SUPERVISORS,    BOARD   OF— Continued, 
member  of  board — continued. 

ofRce  created  by  council,  not  hold,  S. 

other  office,   may  not  hold,   8. 

punishment  of  members,  10. 

qualifications  of  members,  8,  149. 

residence  in  city  must  be   two  years,   8. 

residence  in  district  must  be,   8,   180. 

salary  $1,200.00,   payable  monthly,   153,   233. 

taxpayer,  must  have  been  one  year,  8. 

term  of  office,   four  years,   6. 
number  of,  seven,  7. 
open  doors,  sit  with,  9. 
president — 

duties  of,  10. 

elected  by  ballot,  6. 

mayor,  acting,  when  become,  28. 

mayor,   death  of,  become  mayor,  28. 

salary  $1,500.00,   payable   monthly,   153,   233. 

term  of  one  year,  6. 
public  improvements,  assessing  the  cost,  sit  as  board  of  equalization,  300 
punishment   of   members,    10. 
qualifications  of  members,   8. 
recall — subject  to.   22b. 
term  of  office,   four  years,  6. 
vacancy — 

how   filled,    31. 

in   elective   office,    approve   appointment   to   fill   vacancy,    31. 

SUPPLIES— 

see    Commissioner   of   Supplies,    60-62. 

SURETY   COMPANY- 
bonds  must  be  by- 
treasurer,   57. 

contractor  for  public  improvements,   315. 
depository  bank,    58. 

SURVEYING  BUREAU— 

see   Public   Works,    Board   of,   89. 


TAXATION— 

see  Finance  and  Taxation, 
see   Public  Improvements. 

TAXES— 

special,   assessment  roll   made  by  auditor,   302. 

see  also  Public  Improvements,  Finance  and  Taxation  and  Special  Taxes. 

TAX  LEVY— 

limitation  of,   15  mills,   212. 
park  purposes,  1  1-3  mills,   102. 

TAX-PAYING  ELECTORS— 
definition,   250,   257. 
bonds,    vote   on   issuance   of,    250. 
vote   on  question   of   bonds   for  purchase   of  public   utilities,   257. 

TERRITORY  ANNEXED— 

according  to  general  law,   1. 

TITLE  DEEDS  TO  PUBLIC  PROPERTY— 
clerk  have  custody  of,  37. 


IS!) 

References  are  to  Sections. 
TIE  VOTE— 

election   commission   cast   lots,    177. 

TRANSCRIPTS  OF  RECORD— 
fees   for,    37. 
made  by  clerk,  38. 

TREASURER— 

accounts  with  each  fund  to  be  kept,  53. 

accounts  with  each  public  utility  required  to  be  kept,  260. 
advertise  and  sell  lands  for  nonpayment  special  taxes,  308. 
bond  of  $500,000.00,  surety  company,  cost  paid  by  city,  57. 
depository  bank,  selection  and  duties  of,  58. 
contracts  of,  prepared  by  attorney,  33. 
contracts,  report  violation  of,  to  mayor,  26. 
custodian  of  public  moneys,   51,   221. 
deputy,  none  provided  for. 

deputies,  may  administer  oaths  and  affirmations — except  oath  of  office,  341. 
duties,   see  general   law  of  state,   such   as   council   require,   59. 
election,   167. 

expenses,   estimate  of,   to  mayor   and  auditor,   216. 
impeachment,  163,  165. 
licenses,   fees   for,  paid   to,    73. 
moneys   received,   give  duplicate  receipt  for,   52, 
moneys  paid  out  only  on  warrant,   except  bonds,   etc.,   51,    54. 
oaths,    may   administer,   341. 
oath  of  office,  151. 
office  open  9  a.  m.  to  5  p.  m.,  30. 
public   improvement   bonds- 
may  call   in,   314. 

issue,  without  being  audited,   312. 

payable  in  N.  Y.,   remit   to  meet,   313. 

record  of,   to  be  kept,  312. 
public  utilities,   keep  separate  accounts  with,   280. 
qualifications,    149. 
recall— subject    to,    22b. 
receipts— 

to   auditor    for   assessment   roll,    public    improvement,    302. 

duplicate  for  all  moneys  received  except   taxes,   52. 

official,  to  be  given  generally,  225. 

official  stubs  and  unused,  given  to  auditor,   226. 
records  of,    shall  be  public,  155. 

record  of  public  improvement  bonds  to  be  kept,   312. 
reports  by,   to  the  following  officers- 
auditor- 

beginning  each  calendar  month,  55. 
5th    each   month,   214,    215,   226,   227. 
10th  each  month,   special  taxes,  311. 
duplicate  receipts,  52. 

auditor  and  council,   quarterly,   56. 

council,    annually,   55. 

reports,    quarterly,    summary   of,    published   by   auditor.    56. 
reports  to,  by  the  following  officers — 

clerks   of   courts    and    sheriff   monthly,    all    collections,    223. 

all   other   officers   daily,    all   collections,   223. 

5th  each  month- 
clerk,   37. 
recorder,  41. 
sheriff,    43. 


190 

References  are  to  Sections. 
TREASURER— Continued. 

special  asessments  included  in  assessment  roll,   302. 
taxes — 

collected  by,  51,  214,  215. 

request   for    amount    of,    answer   include   special    taxes,    302. 
tax  sale,  may  purchase  for  city,   consent  of  mayor,  309. 
warrants — 

list  of  redeemed,  made  to  auditor,  55. 

money  paid  out   on,    only,   except  bonds,   etc.,   51,   54. 

paid  out  of  moneys  in  fund  drawn  on,   only,  53. 

what  contain  and  how  signed.  54. 

TREES— 

see  Public   Improvements,    318. 

TUNNELS— 

see   Public   Improvements,   83,   293-297. 

u 

UNDERSHERIFF— 

appointed  by  sheriff,   42. 

V 

VACATIONS— 

see  Fire  and  Police   Board,  162. 

VACANCIES- 

how  filled,  31. 

VIADUCTS  AND  TUNNELS— 

see  Public  Improvements,  83,  293-297. 

pending  litigation,    Fourteenth   street  viaduct,   332. 

VIOLATIONS   OF    CHARTER— 

misdemeanor,  $100.00  and  three  months,   municipal  and  justices'   court,  340. 

VISITORS— 

entertainment   of. 

VOTERS— 

tax  paying,   definition  of,   250,  257. 
qualification    and    registration   of,    etc.,    178. 

VOUCHERS— 

preserved  by  auditor,  47. 

W 

WARDS— 

boundaries,  3. 
change  of  boundaries,   2-3. 
number  of,  sixteen-twenty-one,  2. 
supervisor  district,    wholly   in, '3. 

WARRANTS— 

money  paid  out  by  except  for  bonds,   54. 
payment  and  cancellation  of,   49. 
register  of,  kept  by  auditor,   47. 

WATER  AND  GAS  CONNECTIONS— 
before  paving,  317. 

WATER   COMMISSION— 

see  Public  Utilities  Commission.   264a. 

WINE   ROOMS— 

women  not  to  be   supplied  with   liquor  in,   78. 


191 

References  are  to  Sections. 
WITNESSES— 

civil   service   commission  may  compel  attendance  of,   191. 
council  or  committee  may  compel  attendance  of,  191. 
personal   injury  cases,  343. 

WOMEN— 

library  commi-ssion  shall  have  two  women,  125. 

saloons  not  allow  women  to  be  supplied  with  liquor  in  wine  rooms,  78. 


ZONES  OP  ASSESSMENT— 
for  paving,   273. 


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